AN ACT relating to utilities; authorizing certain public utilities that
purchase natural gas for resale and electric utilities to request approval from
the Public Utilities Commission of Nevada to make quarterly rate adjustments
based on deferred accounting; requiring that written notices which are provided
to customers of certain public utilities that purchase natural gas for resale
and electric utilities contain information about the review of certain
quarterly rate adjustments by the Commission; authorizing the Commission to
allow public utilities that purchase natural gas for resale and electric
utilities to apply for certain additional rate adjustments upon a showing of
good cause; prohibiting public utilities which purchase natural gas for resale
and electric utilities from applying for certain annual rate adjustments after
receiving approval from the Commission to make quarterly rate adjustments based
on deferred accounting; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes certain public utilities that
purchase natural gas for resale and certain electric utilities to use deferred
accounting to reflect changes in the cost of purchased natural gas, fuel or
power. (NRS 704.185, 704.187) Section 5 of this bill authorizes a public
utility which purchases natural gas for resale and which adjusts its rates on a
quarterly basis based on the fluctuating price of natural gas to request
approval to make quarterly adjustments to its deferred energy accounting
adjustment. Section 5 also authorizes an electric utility that is
required to make quarterly adjustments based on the fluctuating price of fuel
or power to request approval from the Commission to make quarterly adjustments
to its deferred energy accounting adjustment. Section 5 further requires
a utility that receives approval to make any quarterly adjustments to provide
its customers with written notice that includes information relating to when
the adjustments will be reviewed by the Commission. Section 5 also
authorizes the Commission to approve, upon a showing of good cause, certain
additional quarterly adjustments for a public utility which purchases natural
gas for resale and an electric utility which has received approval from the Commission
to make quarterly adjustments to its deferred energy accounting adjustment. Sections
6 and 7 of this bill provide that a public utility which purchases natural
gas for resale or an electric utility which has received approval from the
Commission to make quarterly adjustments to its deferred energy accounting
adjustment is not eligible to apply for any additional adjustment to its
deferred energy accounting adjustment in its annual deferred energy accounting
adjustment application.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

1. In any matter pending before the Commission, if a
hearing is required by a specific statute or is otherwise required by the
Commission, the Commission shall give notice of the pendency of the matter to
all persons entitled to notice of the hearing. The Commission shall by regulation
specify:

(a) The manner of giving notice in each type of
proceeding; and

(b) The persons entitled to notice in each type of
proceeding.

2. The Commission shall not dispense with a hearing:

(a) In any matter pending before the Commission pursuant
to NRS 704.7561 to 704.7595, inclusive; or

(b) Except as otherwise provided in paragraph (f) of
subsection 1 of NRS 704.100, in any matter pending before the Commission
pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has
filed a general rate application or an annual deferred energy accounting
adjustment application pursuant to NRS 704.187.

3. In any other matter pending before the Commission,
the Commission may dispense with a hearing and act upon the matter pending
unless, within 10 days after the date of the notice of pendency, a person
entitled to notice of the hearing files with the Commission a request that the
hearing be held. If such a request for a hearing is filed, the Commission shall
give at least 10 days’ notice of the hearing.

4. As used in this section, “electric utility” has the
meaning ascribed to it in NRS 704.187.

Sec. 2. NRS 704.062
is hereby amended to read as follows:

704.062 “Application to make changes in any schedule”
and “application” include, without limitation:

1. A general rate application;

2. An application to recover the [increased]
cost of purchased fuel, purchased power, or natural gas purchased for resale; [and]

704.069 1. Except as otherwise provided in subsections
[8 and] 9 and 11 of NRS 704.110, the Commission shall
conduct a consumer session to solicit comments from the public in any matter
pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in
which:

(a) A public utility has filed a general rate
application, an application to recover the increased cost of purchased fuel,
purchased power, or natural gas purchased for resale, an annual deferred energy
accounting adjustment application pursuant to NRS 704.187 or an annual rate
adjustment application; and

(b) The changes proposed in the application will result
in an increase in annual gross operating revenue, as certified by the
applicant, in an amount that will exceed $50,000 or 10 percent of the
applicant’s annual gross operating revenue, whichever is less.

2. In addition to the case-specific consumer sessions
required by subsection 1, the Commission shall, during each calendar year,
conduct at least one general consumer session in the county with the largest
population in this State and at least one general consumer session in the
county with the second largest population in this State. At each general
consumer session, the Commission shall solicit comments from the public on
issues concerning public utilities.

public utilities. Not later than 60 days after each general
consumer session, the Commission shall submit the record from the general
consumer session to the Legislative Commission.

Sec. 4. NRS 704.100
is hereby amended to read as follows:

704.100 1. Except as otherwise provided in NRS 704.075
and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the
Commission pursuant to NRS 704.095 or 704.097:

(a) A public utility shall not make changes in any
schedule, unless the public utility:

(1) Files with the Commission an application to
make the proposed changes and the Commission approves the proposed changes
pursuant to NRS 704.110; or

(2) Files the proposed changes with the Commission
using a letter of advice in accordance with the provisions of paragraph (f).

(b) A public utility shall adjust its rates on a
quarterly basis between annual rate adjustment applications pursuant to
subsection 8 of NRS 704.110 based on changes in the public utility’s recorded
costs of natural gas purchased for resale.

(d) A public utility shall post copies of all proposed
schedules and all new or amended schedules in the same offices and in
substantially the same form, manner and places as required by NRS 704.070 for
the posting of copies of schedules that are currently in force.

(e) A public utility may not set forth as justification
for a rate increase any items of expense or rate base that previously have been
considered and disallowed by the Commission, unless those items are clearly
identified in the application and new facts or considerations of policy for
each item are advanced in the application to justify a reversal of the prior
decision of the Commission.

(f) Except as otherwise provided in paragraph (g), if
the proposed change in any schedule does not change any rate or will result in
an increase in annual gross operating revenue, as certified by the public
utility, in an amount that does not exceed $2,500:

(1) The public utility may file the proposed change
with the Commission using a letter of advice in lieu of filing an application;
and

(2) The Commission shall determine whether it
should dispense with a hearing regarding the proposed change.

(g) If the applicant is a small-scale provider of last
resort and the proposed change in any schedule will result in an increase in
annual gross operating revenue, as certified by the applicant, in an amount
that does not exceed $50,000 or 10 percent of the applicant’s annual gross
operating revenue, whichever is less, the Commission shall determine whether it
should dispense with a hearing regarding the proposed change.

(h) In making the determination pursuant to paragraph
(f) or (g), the Commission shall first consider all timely written protests,
any presentation that the Regulatory Operations Staff of the Commission may
desire to present, the application of the public utility and any other matters
deemed relevant by the Commission.

2. As used in this section, “electric utility” has the
meaning ascribed to it in NRS 704.187.

704.110 Except as otherwise provided in NRS 704.075 and
704.68861 to 704.68887, inclusive, or as may otherwise be provided by the
Commission pursuant to NRS 704.095 or 704.097:

1. If a public utility files with the Commission an
application to make changes in any schedule, including, without limitation,
changes that will result in a discontinuance, modification or restriction of
service, the Commission shall investigate the propriety of the proposed changes
to determine whether to approve or disapprove the proposed changes. If an
electric utility files such an application and the application is a general
rate application or an annual deferred energy accounting adjustment
application, the Consumer’s Advocate shall be deemed a party of record.

2. Except as otherwise provided in subsection 3, if a
public utility files with the Commission an application to make changes in any
schedule, the Commission shall, not later than 210 days after the date on which
the application is filed, issue a written order approving or disapproving, in
whole or in part, the proposed changes.

3. If a public utility files with the Commission a
general rate application, the public utility shall submit with its application
a statement showing the recorded results of revenues, expenses, investments and
costs of capital for its most recent 12 months for which data were available
when the application was prepared. Except as otherwise provided in subsection
4, in determining whether to approve or disapprove any increased rates, the
Commission shall consider evidence in support of the increased rates based upon
actual recorded results of operations for the same 12 months, adjusted for
increased revenues, any increased investment in facilities, increased expenses
for depreciation, certain other operating expenses as approved by the
Commission and changes in the costs of securities which are known and are
measurable with reasonable accuracy at the time of filing and which will become
effective within 6 months after the last month of those 12 months, but the
public utility shall not place into effect any increased rates until the
changes have been experienced and certified by the public utility to the
Commission and the Commission has approved the increased rates. The Commission
shall also consider evidence supporting expenses for depreciation, calculated
on an annual basis, applicable to major components of the public utility’s
plant placed into service during the recorded test period or the period for
certification as set forth in the application. Adjustments to revenues,
operating expenses and costs of securities must be calculated on an annual
basis. Within 90 days after the date on which the certification required by
this subsection is filed with the Commission, or within the period set forth in
subsection 2, whichever time is longer, the Commission shall make such order in
reference to the increased rates as is required by this chapter. The following
public utilities shall each file a general rate application pursuant to this
subsection based on the following schedule:

(a) An electric utility that primarily serves less
densely populated counties shall file a general rate application not later than
5 p.m. on or before the first Monday in June 2010, and at least once every 36
months thereafter.

(b) An electric utility that primarily serves densely
populated counties shall file a general rate application not later than 5 p.m.
on or before the first Monday in June 2011, and at least once every 36 months
thereafter.

(c) A public utility that furnishes water for municipal,
industrial or domestic purposes or services for the disposal of sewage, or
both, which had an annual gross operating revenue of $2,000,000 or more for at
least 1 year during the immediately preceding 3 years and which had not filed a
general rate application with the Commission on or after July 1, 2005, shall
file a general rate application on or before June 30, 2008, and at least once
every 36 months thereafter unless waived by the Commission pursuant to
standards adopted by regulation of the Commission. If a public utility
furnishes both water and services for the disposal of sewage, its annual gross
operating revenue for each service must be considered separately for
determining whether the public utility meets the requirements of this paragraph
for either service.

(d) A public utility that furnishes water for municipal,
industrial or domestic purposes or services for the disposal of sewage, or
both, which had an annual gross operating revenue of $2,000,000 or more for at
least 1 year during the immediately preceding 3 years and which had filed a
general rate application with the Commission on or after July 1, 2005, shall
file a general rate application on or before June 30, 2009, and at least once
every 36 months thereafter unless waived by the Commission pursuant to
standards adopted by regulation of the Commission. If a public utility
furnishes both water and services for the disposal of sewage, its annual gross
operating revenue for each service must be considered separately for
determining whether the public utility meets the requirements of this paragraph
for either service.

Ê The
Commission shall adopt regulations setting forth standards for waivers pursuant
to paragraphs (c) and (d) and for including the costs incurred by the public
utility in preparing and presenting the general rate application before the
effective date of any change in rates.

4. In addition to submitting the statement required
pursuant to subsection 3, a public utility may submit with its general rate
application a statement showing the effects, on an annualized basis, of all
expected changes in circumstances. If such a statement is filed, it must
include all increases and decreases in revenue and expenses which may occur
within 210 days after the date on which its general rate application is filed
with the Commission if such expected changes in circumstances are reasonably
known and are measurable with reasonable accuracy. If a public utility submits
such a statement, the public utility has the burden of proving that the
expected changes in circumstances set forth in the statement are reasonably
known and are measurable with reasonable accuracy. The Commission shall
consider expected changes in circumstances to be reasonably known and
measurable with reasonable accuracy if the expected changes in circumstances
consist of specific and identifiable events or programs rather than general
trends, patterns or developments, have an objectively high probability of
occurring to the degree, in the amount and at the time expected, are primarily
measurable by recorded or verifiable revenues and expenses and are easily and
objectively calculated, with the calculation of the expected changes relying
only secondarily on estimates, forecasts, projections or budgets. If the
Commission determines that the public utility has met its burden of proof:

(a) The Commission shall consider the statement
submitted pursuant to this subsection and evidence relevant to the statement,
including all reasonable projected or forecasted offsets in revenue and
expenses that are directly attributable to or associated with the expected
changes in circumstances under consideration, in addition to the statement
required pursuant to subsection 3 as evidence in establishing just and
reasonable rates for the public utility; and

(b) The public utility is not required to file with the
Commission the certification that would otherwise be required pursuant to
subsection 3.

5. If a public utility files with the Commission an
application to make changes in any schedule and the Commission does not issue a
final written order regarding the proposed changes within the time required by
this section, the proposed changes shall be deemed to be approved by the
Commission.

6. If a public utility files with the Commission a
general rate application, the public utility shall not file with the Commission
another general rate application until all pending general rate applications
filed by that public utility have been decided by the Commission unless, after
application and hearing, the Commission determines that a substantial financial
emergency would exist if the public utility is not permitted to file another
general rate application sooner. The provisions of this subsection do not
prohibit the public utility from filing with the Commission, while a general
rate application is pending, an application to recover the increased cost of
purchased fuel, purchased power, or natural gas purchased for resale pursuant
to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or [9,]10, any information
relating to deferred accounting requirements pursuant to NRS 704.185 or an
annual deferred energy accounting adjustment application pursuant to NRS
704.187, if the public utility is otherwise authorized to so file by those
provisions.

7. A public utility may file an application to recover
the increased cost of purchased fuel, purchased power, or natural gas purchased
for resale once every 30 days. The provisions of this subsection do not apply
to:

(a) An electric utility which is required to adjust its
rates on a quarterly basis pursuant to subsection [9;]10; or

(b) A public utility which purchases natural gas for
resale and which adjusts its rates on a quarterly basis [between annual rate
adjustment applications] pursuant to subsection 8.

8. A public utility which purchases natural gas for
resale must request approval from the Commission to adjust its rates on a
quarterly basis between annual rate adjustment applications based on changes in
the public utility’s recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and
which adjusts its
rates on a quarterly basis may request approval from the Commission to make
quarterly adjustments to its deferred energy accounting adjustment. The Commission
shall approve or deny such a request not later than 120 days after the
application is filed with the Commission. The Commission may approve the
request if the Commission finds that approval
of the request is in
the public interest. If the Commission approves a request to
make quarterly adjustments to the deferred energy accounting adjustment of a
public utility pursuant to this subsection, any quarterly adjustment to the
deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas.

therm of natural
gas. If the balance of the public utility’s deferred account varies
by less than 5 percent from the public utility’s annual recorded costs of
natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to
zero cents per therm of natural gas.

9. If
the Commission approves [such] a request[:] to make any rate adjustments on a
quarterly basis pursuant to subsection 8:

(a) The public utility shall file written notice with
the Commission before the public utility makes a quarterly rate adjustment . [between annual rate
adjustment applications.] A quarterly rate adjustment is
not subject to the requirements for notice and a hearing pursuant to NRS
703.320 or the requirements for a consumer session pursuant to subsection 1 of
NRS 704.069.

(b) The public utility shall provide written notice of
each quarterly rate adjustment to its customers by including the written notice
with a customer’s regular monthly bill. The public utility shall begin
providing such written notice to its customers not later than 30 days after the
date on which the public utility files its written notice with the Commission
pursuant to paragraph (a). The written notice that is included with a
customer’s regular monthly bill:

(1) Must be printed separately on
fluorescent-colored paper and must not be attached to the pages of the bill;
and

(2) Must include the following:

(I) The total amount of the increase or
decrease in the public utility’s revenues from the rate adjustment, stated in
dollars and as a percentage;

(II) The amount of the monthly increase or
decrease in charges for each class of customer or class of service, stated in
dollars and as a percentage;

(III) A statement that customers may send
written comments or protests regarding the rate adjustment to the Commission; [and]

(IV) A statement that the transactions and recorded costs of
natural gas which are the basis for any quarterly rate adjustment will be
reviewed for reasonableness and prudence in the next proceeding held by the
Commission to review the annual rate adjustment application pursuant to
paragraph (d); and

(V)
Any other information required by the Commission.

(c) The public utility shall file an annual rate
adjustment application with the Commission. The annual rate adjustment
application is subject to the requirements for notice and a hearing pursuant to
NRS 703.320 and the requirements for a consumer session pursuant to subsection
1 of NRS 704.069.

(d) The proceeding regarding the annual rate adjustment
application must include a review of each quarterly rate adjustment and [a
review of] the transactions and recorded costs of natural
gas included in each quarterly [rate adjustment]filing and the annual rate adjustment
application. There is no presumption of reasonableness or prudence for any
quarterly rate adjustment or for any transactions or recorded costs of natural
gas included in any quarterly rate adjustment or the annual rate adjustment
application, and the public utility has the burden of proving reasonableness
and prudence in the proceeding.

(e) The Commission shall not allow the public utility to
recover any recorded costs of natural gas which were the result of any practice
or transaction that was unreasonable or was undertaken, managed or performed
imprudently by the public utility, and the Commission shall order the public
utility to adjust its rates if the Commission determines that any recorded
costs of natural gas included in any quarterly rate adjustment or the annual
rate adjustment application were not reasonable or prudent.

[9.]10. An electric utility shall adjust its
rates on a quarterly basis based on changes in the [public]electric utility’s
recorded costs of purchased fuel or purchased power .[in the following manner:] In addition to adjusting its rates on a
quarterly basis, an electric utility may request approval from the Commission
to make quarterly adjustments to its deferred energy accounting adjustment. The
Commission shall approve or deny such a request not later than 120 days after
the application is filed with the Commission. The Commission may approve the
request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to
make quarterly adjustments to the deferred energy accounting adjustment of an
electric utility pursuant to this subsection, any quarterly adjustment to the
deferred energy accounting adjustment must not exceed 0.25 cents per
kilowatt-hour of electricity. If the balance of the electric utility’s
deferred account varies by less than 5 percent from the electric utility’s
annual recorded costs for purchased fuel or purchased power which are used to
calculate quarterly rate adjustments, the
deferred energy accounting adjustment must be set to zero cents per
kilowatt-hour of electricity.

11. A
quarterly rate adjustment filed pursuant to subsection
10 is subject to the following requirements:

(a) [An]The electric utility shall file written notice
with the Commission on or before August 15, 2007, and every quarter thereafter
of the quarterly rate adjustment to be made by the electric utility for the
following quarter. The first quarterly rate adjustment by the electric utility
will take effect on October 1, 2007, and each subsequent quarterly rate
adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy
accounting adjustment must be made pursuant to an order issued by the
Commission approving the application of an electric utility to make quarterly
adjustments to its deferred energy accounting adjustment. A
quarterly rate adjustment is not subject to the requirements for notice and a
hearing pursuant to NRS 703.320 or the requirements for a consumer session
pursuant to subsection 1 of NRS 704.069.

(b) [Each]The electric utility shall provide written
notice of each quarterly rate adjustment to its customers by including the
written notice with a customer’s regular monthly bill. The electric utility
shall begin providing such written notice to its customers not later than 30
days after the date on which the electric utility files a written notice with
the Commission pursuant to paragraph (a). The written notice that is included
with a customer’s regular monthly bill:

(1) Must be printed separately on
fluorescent-colored paper and must not be attached to the pages of the bill;
and

(2) Must include the following:

(I) The total amount of the increase or
decrease in the electric utility’s revenues from the rate adjustment, stated in
dollars and as a percentage;

(II) The amount of the monthly increase or
decrease in charges for each class of customer or class of service, stated in
dollars and as a percentage;

(III) A statement that customers may send
written comments or protests regarding the rate adjustment to the Commission; [and]

(IV) A statement that the transactions and recorded costs of
purchased fuel or purchased power which are the basis for any quarterly rate
adjustment will be reviewed for reasonableness and prudence in the next
proceeding held by the Commission to review the annual deferred energy
accounting adjustment application pursuant to paragraph (d); and

(V)
Any other information required by the Commission.

(c) [An]The electric utility shall file an annual
deferred energy accounting adjustment application pursuant to NRS 704.187 with
the Commission. The annual deferred energy accounting adjustment application is
subject to the requirements for notice and a hearing pursuant to NRS 703.320
and the requirements for a consumer session pursuant to subsection 1 of NRS
704.069.

(d) The proceeding regarding the annual deferred energy
accounting adjustment application must include a review of each quarterly rate
adjustment and [a review of] the transactions and
recorded costs of purchased fuel and purchased power included in each quarterly
[rate adjustment]filing and the annual deferred energy
accounting adjustment application. There is no presumption of reasonableness or
prudence for any quarterly rate adjustment or for any transactions or recorded
costs of purchased fuel and purchased power included in any quarterly rate
adjustment or the annual deferred energy accounting adjustment application, and
the electric utility has the burden of proving reasonableness and prudence in
the proceeding.

(e) The Commission shall not allow the electric utility
to recover any recorded costs of purchased fuel and purchased power which were
the result of any practice or transaction that was unreasonable or was
undertaken, managed or performed imprudently by the electric utility, and the
Commission shall order the electric utility to adjust its rates if the
Commission determines that any recorded costs of purchased fuel and purchased
power included in any quarterly rate adjustment or the annual deferred energy
accounting adjustment application were not reasonable or prudent.

[10.]12. If an electric utility files an annual
deferred energy accounting adjustment application pursuant to subsection [9]11 and NRS 704.187
while a general rate application is pending, the electric utility shall:

(a) Submit with its annual deferred energy accounting
adjustment application information relating to the cost of service and rate
design; and

(b) Supplement its general rate application with the
same information, if such information was not submitted with the general rate
application.

[11.]13. A utility facility identified in a 3-year
plan submitted pursuant to NRS 704.741 and accepted by the Commission for
acquisition or construction pursuant to NRS 704.751 and the regulations adopted
pursuant thereto shall be deemed to be a prudent investment. The utility may
recover all just and reasonable costs of planning and constructing such a
facility.

[12.]14. In regard to any rate or schedule
approved or disapproved pursuant to this section, the Commission may, after a
hearing:

(a) Upon the request of the utility, approve a new rate
but delay the implementation of that new rate:

(1) Until a date determined by the Commission; and

(2) Under conditions as determined by the
Commission, including, without limitation, a requirement that interest charges
be included in the collection of the new rate; and

(b) Authorize a utility to implement a reduced rate for
low-income residential customers.

[13.]15. The Commission may, upon request and for good cause shown,
permit a public utility which purchases natural gas for resale or an electric
utility to make a quarterly adjustment to its deferred energy accounting adjustment
in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.

16.A public utility which
purchases natural gas for resale or an electric utility that makes quarterly adjustments to
its deferred energy accounting adjustment pursuant to subsection 8 or 10 may
submit to the Commission for approval an application to discontinue making
quarterly adjustments to its deferred energy accounting adjustment and to
subsequently make annual adjustments to its deferred energy accounting adjustment.
The Commission may approve an application submitted pursuant to this subsection
if the Commission finds that approval of the application is in the public interest.

17.As used in this section:

(a) “Deferred
energy accounting adjustment” means the rate of a public utility which
purchases natural gas for resale or an electric utility that is calculated by
dividing the balance of a deferred account during a specified period by the
total therms or kilowatt-hours which have been sold in the geographical area to
which the rate applies during the specified period.

(b) “Electric
utility” has the meaning ascribed to it in NRS 704.187.

[(b)](c) “Electric utility that
primarily serves densely populated counties” means an electric utility that,
with regard to the provision of electric service, derives more of its annual
gross operating revenue in this State from customers located in counties whose
population is 400,000 or more than it does from customers located in counties
whose population is less than 400,000.

[(c)](d) “Electric utility that primarily serves
less densely populated counties” means an electric utility that, with regard to
the provision of electric service, derives more of its annual gross operating
revenue in this State from customers located in counties whose population is
less than 400,000 than it does from customers located in counties whose
population is 400,000 or more.

Sec. 6. NRS 704.185
is hereby amended to read as follows:

704.185 1. Except as otherwise provided in subsection
8 of NRS 704.110, a public utility which purchases natural gas for resale may
record upon its books and records in deferred accounts all cost increases or
decreases in the natural gas purchased for resale. Any public utility which
uses deferred accounting to reflect changes in costs of natural gas purchased
for resale shall include in its annual report to the Commission a statement
showing the allocated rate of return for each of its operating departments in
Nevada which uses deferred accounting.

2. [If the rate of return for any department using deferred
accounting pursuant to subsection 1 is greater than the rate of return allowed
by the Commission in the last rate proceeding, the Commission shall order the
utility which recovered any costs of natural gas purchased for resale through
rates during the reported period to transfer to the next energy adjustment
period that portion of such recovered amounts which exceeds the authorized rate
of return.

3.]
A public utility which purchases natural gas for resale may request approval
from the Commission to record upon its books and records in deferred accounts
any other cost or revenue which the Commission deems appropriate for deferred
accounting and which is not otherwise subject to the provisions of [subsections]subsection 1 .[and 2.]
If the Commission approves such a request, the Commission shall determine the
appropriate requirements for reporting and recovery that the public utility
must follow with regard to each such deferred account.

[4.]3. When a public utility which purchases
natural gas for resale files an annual
rate adjustment application or an annual deferred energy accounting adjustment application ,[to clear its deferred
accounts,] the proceeding regarding the application must include
a review of the transactions and recorded costs of natural gas included in the
application. There is no presumption of reasonableness or prudence for any
transactions or recorded costs of natural gas included in the application, and
the public utility has the burden of proving reasonableness and prudence in the
proceeding.

4. A public utility which purchases natural gas for
resale and which has received approval from the Commission to make quarterly
adjustments to a deferred energy accounting adjustment pursuant to subsection 8
of NRS 704.110 is not eligible to request an adjustment to its deferred energy
accounting adjustment in its annual rate adjustment application.

Sec. 7. NRS 704.187
is hereby amended to read as follows:

704.187 1. An electric utility that purchases fuel or
power shall use deferred accounting by recording upon its books and records in
deferred accounts all increases and decreases in costs for purchased fuel and
purchased power that are prudently incurred by the electric utility.

2. An electric utility using deferred accounting shall
include in its annual report to the Commission a statement showing, for the
period of recovery, the allocated rate of return for each of its operating
departments in this State using deferred accounting. [If, during the period of
recovery, the rate of return for any operating department using deferred
accounting is greater than the rate of return authorized by the Commission in
the most recently completed rate proceeding for the electric utility, the
Commission shall order the electric utility that recovered costs for purchased
fuel or purchased power through its rates during the reported period to
transfer to the next energy adjustment period that portion of the amount
recovered by the electric utility that exceeds the authorized rate of return.]

3. Except as otherwise provided in this section, an
electric utility using deferred accounting shall file an annual deferred energy
accounting adjustment application on or before March 1, 2008, and on or before
March 1 of each year thereafter.

4. An
electric utility that purchases fuel or power and has received approval from
the Commission to make quarterly adjustments to its deferred energy accounting
adjustment pursuant to subsection 10 of NRS
704.110 is not eligible to request an adjustment to its deferred energy
accounting adjustment in its annual deferred energy accounting adjustment
application.

(b) “Costs for purchased fuel and purchased power” means
all costs which are prudently incurred by an electric utility and which are
required to purchase fuel, to purchase capacity and to purchase energy. The
term does not include any costs that the Commission determines are not
recoverable pursuant to subsection [9]11 of NRS 704.110.

(c) “Electric utility” means any public utility or
successor in interest that:

(1) Is in the business of providing electric
service to customers;

(2) Holds a certificate of public convenience and
necessity issued or transferred pursuant to this chapter; and

(3) In the most recently completed calendar year
or in any other calendar year within the 7 calendar years immediately preceding
the most recently completed calendar year, had a gross operating revenue of
$250,000,000 or more in this State.

Ê The term
does not include a cooperative association, nonprofit corporation, nonprofit
association or provider of electric service which is declared to be a public
utility pursuant to NRS 704.673 and which provides service only to its members.

Sec. 8. This act becomes effective upon passage and
approval.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 395ê

CHAPTER 95, SB 31

Senate Bill No. 31–Committee on Revenue

CHAPTER 95

[Approved:
May 24, 2011]

AN ACT relating to
the administration of taxes; clarifying provisions governing the determination
and certification of population for apportionment purposes and requiring
additional projections of population; revising provisions governing joint and
several liability of certain responsible persons for taxes and certain waivers
of penalties and interest; extending the period for the Department of Taxation
or a county to bring an action in a court of competent jurisdiction for summary
judgment against a person owing a delinquent tax or deficiency determination;
extending the period for the Department or a county to record a tax lien;
extending the period for the Department or a county to issue a warrant for the
enforcement of a lien and collect a delinquent tax; temporarily extending the
deadline for submitting cooperative agreements altering the formula for the
distribution of money from the Local Government Tax Distribution Account; and
providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the Department of Taxation to
determine, and the Governor to certify, the annual population of each town,
township, city and county in this State for purposes of the apportionment of
taxes during the next fiscal year. (NRS 360.283, 360.285) Sections 2and
3 of this bill clarify that this determination and certification is of the
relevant population as of July 1 of the immediately preceding year. Section
1 of this bill additionally requires the Department to issue annual reports
containing 5-year and 20-year projections of the population of each county.

The provisions of title 32 of NRS require the Department
of Taxation to collect certain taxes imposed on property of an interstate or
intercounty nature, the net proceeds of minerals, financial institutions and
other businesses, live entertainment, liquor, tobacco, controlled substances,
estates and generation-skipping transfers, and various sales and use taxes.
(Chapters 361, 362, 363A, 363B, 368A, 369, 370, 372, 372A, 374, 374A, 375A-377B
of NRS) Existing law imposes joint and several liability upon certain
responsible persons who fail to collect or pay to the Department some of these
taxes or any pertinent fees. (NRS 360.297) Section 4 of this bill limits
this liability to the willful failure to pay or collect an applicable tax or
fee and applies this liability to all of the taxes and fees required to be paid
to the Department under title 32 of NRS.

Under existing law, the Department of Taxation is
authorized to waive or reduce the interest and penalties imposed on a person
whose failure to timely file a return or pay certain taxes collected by the
Department is the result of circumstances beyond the person’s control and
occurred despite the exercise of ordinary care and without intent. (NRS
360.419) Section 5 of this bill extends that authority to all of the
taxes and fees required to be paid to the Department under title 32 of NRS and
to certain fees imposed on the lease of a passenger car by a short-term lessor.

If a person owes delinquent taxes or has a deficiency
determination against him or her with respect to any tax administered by the
Department of Taxation, existing law authorizes the Department to attempt
collection of the tax or deficiency in certain ways. The Department may: (1)
file an action in any court of competent jurisdiction for summary judgment for
the amount due; (2) file a certificate in the office of any county recorder, at
which time the amount due becomes a lien upon all real and personal property
the person owns or acquires in the county before the lien expires or is
discharged; and (3) issue a warrant for the enforcement of a lien and for the
collection of any delinquent tax or fee. (NRS 360.420, 360.473, 360.483)
Existing law also allows a county to take such actions when any tax is
delinquent on a transfer of real property in the county. (NRS 375.160, 375.170,
375.200) Such actions must occur within 3 years after the date the tax, fee or
deficiency determination was due. Existing law allows the State Controller to
take certain actions with respect to unpaid debts to the State within 4 years
after the debt becomes due. (NRS 353C.140, 353C.150) Sections 6-8 and 10-12
of this bill similarly extend the time by which the Department or county may
take action to collect delinquent taxes, fees or deficiencies to within 4 years
after payment was due.

Existing law requires the deposit of certain proceeds
from liquor taxes, cigarette taxes, real property transfer taxes, city-county
relief taxes and governmental services taxes into the Local Government Tax
Distribution Account. (NRS 369.173, 370.260, 375.070, 377.055, 377.057,
482.181) Under existing law, the Executive Director of the Department of
Taxation is required to allocate the money in the Account each fiscal year to
local governments, special districts and enterprise districts in accordance
with a mathematical formula, except that a county clerk may, not later than
December 31 of the immediately preceding year, submit to the Executive Director
a local cooperative agreement which provides for the allocation of that money
under an alternative formula that commences the next fiscal year. (NRS 360.680,
360.690, 360.730) Section 9 of this bill extends until May 31, 2011, the
deadline for submitting such a cooperative agreement for an alternative formula
that would commence with the fiscal year beginning on July 1, 2011.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
360 of NRS is hereby amended by adding thereto a new section to read as
follows:

1.The
Department shall:

(a)On or before March 1 of each calendar year, issue an annual
report of the projected population of each county in this State as of July 1 of
that year and the next succeeding 4 years; and

(b)On or before October 1 of each calendar year, issue an
annual report of the projected population, as classified by age, sex, race and
Hispanic origin, of each county in this State as of July 1 of that year and the
next succeeding 19 years.

2. The Department
shall post the annual reports required by subsection 1 on an Internet website
maintained by the Department and, if the demographer employed pursuant to NRS
360.283 maintains a separate Internet website, require the demographer to post
the annual reports required by subsection 1 on an Internet website maintained
by the demographer.

360.283 1. The Department shall adopt regulations to
establish a method of determining annually the population of each town,
township, city and county in this State and estimate the population of each
town, township, city and county pursuant to those regulations.

2. The Department shall , on or after July 1 of each year, issue an
annual report of the estimated population of each town, township, city and
county in this State[.] as of July 1 of that year.

3. Any town, city or county in this State may petition
the Department to revise the estimated population of that town, city or county.
No such petition may be filed on behalf of a township. The Department shall by
regulation establish a procedure to review each petition and to appeal the
decision on review.

4. The Department shall, upon the completion of any
review and appeal thereon pursuant to subsection 3, determine the population of
each town, township, city and county in this State, and submit its
determination to the Governor.

5. The Department shall employ a demographer to assist
in the determination of population pursuant to this section and the projection of population
pursuant to section 1 of this act, and to cooperate with the
Federal Government in the conduct of each decennial census as it relates to
this State.

Sec. 3. NRS 360.285
is hereby amended to read as follows:

360.285 1. For the purposes of this title, the
Governor shall, on or before March 1 of each year, certify the population of
each town, township, city and county in this state as of the immediately preceding July 1 from
the determination submitted to the Governor by the Department[.] pursuant to subsection 4 of NRS
360.283.

2. Where any tax is collected by the Department for
apportionment in whole or in part to any political subdivision and the basis of
the apportionment is the population of the political subdivision, the
Department shall use the populations certified by the Governor. The transition
from one such certification to the next must be made on July 1 following the
certification for use in the fiscal year beginning then. Every payment before
that date must be based upon the earlier certification and every payment on or
after that date must be based upon the later certification.

Sec. 4. NRS 360.297
is hereby amended to read as follows:

360.297 1. A responsible person who willfully fails to collect
or pay to the Department any tax or fee [imposed by this chapter,
chapter 363A, 363B, 368A, 369, 370, 372 or 374 of NRS,]required to be paid to the Department
pursuant to this title, NRS 444A.090 or 482.313, or chapter 680B
of NRS, or who attempts to evade the payment of any such tax or fee, is jointly
and severally liable with any other person who is required to pay such a tax or
fee for the tax or fee owed plus interest and all applicable penalties. The
responsible person shall pay the tax or fee upon notice from the Department
that it is due.

2. As used in this section, “responsible person”
includes:

(a) An officer or employee of a corporation; and

(b) A member or employee of a partnership or
limited-liability company,

Ê whose job or
duty it is to collect, account for or pay to the Department any tax or fee [imposed
by this chapter, chapter 363A, 363B, 368A, 369, 370, 372 or 374 of NRS,]required to be paid to the
Department pursuant to this title, NRS 444A.090 or 482.313, or
chapter 680B of NRS.

Sec. 5. NRS 360.419
is hereby amended to read as follows:

360.419 1. If the Executive Director or a designated
hearing officer finds that the failure of a person to make a timely return or
payment of [a tax imposed pursuant to NRS 361.320 or chapter 361A, 362,
363A, 363B, 369, 370, 372, 372A, 374, 375A, 375B, 376A, 377 or 377A of NRS,]any tax or fee required to be paid
to the Department pursuant to this title or NRS 482.313 is the
result of circumstances beyond his or her control and occurred despite the exercise
of ordinary care and without intent, the Department may relieve the person of
all or part of any interest or penalty, or both.

2. A person seeking relief must file with the
Department a statement under oath setting forth the facts upon which the person
bases his or her claim.

3. The Department shall disclose, upon the request of
any person:

(a) The name of the person to whom relief was granted;
and

(b) The amount of the relief.

4. The Executive Director or a designated hearing
officer shall act upon the request of a taxpayer seeking relief pursuant to NRS
361.4835 which is deferred by a county treasurer or county assessor.

Sec. 6. NRS 360.420
is hereby amended to read as follows:

360.420 1. If, with respect to any tax or fee
administered by the Department, a person:

(a) Fails to pay the tax or fee when due according to
his or her own return filed with the Department;

(b) Fails to pay a deficiency determination when due; or

(c) Defaults on a payment pursuant to a written
agreement with the Department,

Ê the
Department may, within [3]4 years after the amount is due, file in the
office of the clerk of any court of competent jurisdiction an application for
the entry of a summary judgment for the amount due.

2. The application must be accompanied by a certificate
specifying:

(a) The amount required to be paid, including any
interest and penalties due;

(b) The name and address of the person liable for the
payment, as they appear on the records of the Department;

(c) The basis for the determination of the Department of
the amount due; and

(d) That the Department has complied with the applicable
provisions of law in relation to the determination of the amount required to be
paid.

3. The application must include a request that judgment
be entered against the person in the amount required to be paid, including any
interest and penalties due, as set forth in the certificate.

Sec. 7. NRS 360.473
is hereby amended to read as follows:

360.473 1. If any tax or fee administered by the
Department is not paid when due, the Department may, within [3]4 years after the
date that the tax or fee was due, file for record a certificate in the office
of any county recorder which states:

(b) The name and address of the person who is liable for
the amount due as they appear on the records of the Department; and

(c) That the Department has complied with all procedures
required by law for determining the amount due.

2. From the time of the filing of the certificate, the
amount due, including interest and penalties, constitutes a lien upon all real
and personal property in the county owned by the person or acquired by the
person afterwards and before the lien expires. The lien has the effect and
priority of a judgment lien and continues for 5 years after the time of the
filing of the certificate unless sooner released or otherwise discharged.

3. Within 5 years after the date of the filing of the
certificate or within 5 years after the date of the last extension of the lien
pursuant to this subsection, the lien may be extended by filing for record a
new certificate in the office of the county recorder of any county. From the
time of filing, the lien is extended to all real and personal property in the
county owned by the person or acquired by the person afterwards for 5 years,
unless sooner released or otherwise discharged.

Sec. 8. NRS 360.483
is hereby amended to read as follows:

360.483 1. The Department or its authorized
representative may issue a warrant for the enforcement of a lien and for the
collection of any delinquent tax or fee which is administered by the
Department:

(a) Within [3]4 years after the person
is delinquent in the payment of the tax or fee; or

(b) Within 5 years after the last recording of an
abstract of judgment or of a certificate constituting a lien for the tax or
fee.

2. The warrant must be directed to a sheriff or
constable and has the same effect as a writ of execution.

3. The warrant must be levied and sale made pursuant to
the warrant in the same manner and with the same effect as a levy of and a sale
pursuant to a writ of execution.

Sec. 9. NRS 360.730
is hereby amended to read as follows:

360.730 1. The governing bodies of two or more local
governments or special districts, or any combination thereof, may, pursuant to
the provisions of NRS 277.045, enter into a cooperative agreement that sets
forth an alternative formula for the distribution of the taxes included in the
Account to the local governments or special districts which are parties to the
agreement. The governing bodies of each local government or special district
that is a party to the agreement must approve the alternative formula by
majority vote.

2. The county clerk of a county in which a local
government or special district that is a party to a cooperative agreement
pursuant to subsection 1 is located shall transmit a copy of the cooperative
agreement to the Executive Director:

(a) Within 10 days after the agreement is approved by
each of the governing bodies of the local governments or special districts that
are parties to the agreement; and

(b) Not later than [December 31 of the year]May 31 immediately
preceding the initial year of distribution that will be governed by the
cooperative agreement.

3. The governing bodies of two or more local
governments or special districts shall not enter into more than one cooperative
agreement pursuant to subsection 1 that involves the same local governments or
special districts.

4. If at least two cooperative agreements exist among
the local governments and special districts that are located in the same
county, the Executive Director shall ensure that the terms of those cooperative
agreements do not conflict.

5. Any local government or special district that is not
a party to a cooperative agreement pursuant to subsection 1 must continue to
receive money from the Account pursuant to the provisions of NRS 360.680 and
360.690.

6. The governing bodies of the local governments and
special districts that have entered into a cooperative agreement pursuant to
subsection 1 may, by majority vote, amend the terms of the agreement. The
governing bodies shall not amend the terms of a cooperative agreement more than
once during the first 2 years after the cooperative agreement is effective and
once every year thereafter, unless the Committee on Local Government Finance
approves the amendment. The provisions of this subsection do not apply to any
interlocal agreements for the consolidation of governmental services entered
into by local governments or special districts pursuant to the provisions of
NRS 277.080 to 277.180, inclusive, that do not relate to the distribution of
taxes included in the Account.

7. A cooperative agreement executed pursuant to this
section may not be terminated unless the governing body of each local
government or special district that is a party to a cooperative agreement
pursuant to subsection 1 agrees to terminate the agreement.

8. For each fiscal year the cooperative agreement is in
effect, the Executive Director shall continue to calculate the amount each local
government or special district that is a party to a cooperative agreement
pursuant to subsection 1 would receive pursuant to the provisions of NRS
360.680 and 360.690.

9. If the governing bodies of the local governments or
special districts that are parties to a cooperative agreement terminate the
agreement pursuant to subsection 7, the Executive Director must distribute to
those local governments or special districts an amount equal to the amount the
local government or special district would have received pursuant to the
provisions of NRS 360.680 and 360.690 according to the calculations performed
pursuant to subsection 8.

Sec. 10. NRS
375.160 is hereby amended to read as follows:

375.160 1. If any tax imposed pursuant to this chapter
is not paid when due, the county may, within [3]4 years after the date
that the tax was due, record a certificate in the office of the county recorder
which states:

(a) The amount of the tax and any interest or penalties
due;

(b) The name and address of the person who is liable for
the amount due as they appear on the records of the county; and

(c) That the county recorder has complied with all
procedures required by law for determining the amount due.

2. From the time of the recording of the certificate, the
amount due, including interest and penalties, constitutes:

(a) A lien upon the real property for which the tax was
due if the person who owes the tax still owns the property; or

(b) A demand for payment if the property has been sold
or otherwise transferred to another person.

3. The lien has the effect and priority of a judgment
lien and continues for 5 years after the time of the recording of the
certificate unless sooner released or otherwise discharged.

4. Within 5 years after the date of recording the
certificate or within 5 years after the date of the last extension of the lien
pursuant to this subsection, the lien may be extended by recording a new
certificate in the office of the county recorder. From the time of recording
the new certificate, the lien is extended for 5 years, unless sooner released
or otherwise discharged.

Sec. 11. NRS
375.170 is hereby amended to read as follows:

375.170 1. If a person is delinquent in the payment of
any tax imposed by this chapter or has not paid the amount of a deficiency
determination, the county may bring an action in a court of this state, a court
of any other state or a court of the United States that has competent
jurisdiction to collect the delinquent or deficient amount, penalties and
interest. The action:

(a) May not be brought if the decision that the payment
is delinquent or that there is a deficiency determination is on appeal to a
hearing officer pursuant to NRS 375.320.

(b) Must be brought not later than [3]4 years after the payment
became delinquent or the determination became final.

2. The district attorney shall prosecute the action.
The provisions of the Nevada Revised Statutes, Nevada Rules of Civil Procedure
and Nevada Rules of Appellate Procedure relating to service of summons, pleadings,
proofs, trials and appeals are applicable to the proceedings. In the action, a
writ of attachment may issue. A bond or affidavit is not required before an
attachment may be issued.

3. In an action, a certificate by the county recorder
showing the delinquency is prima facie evidence of:

(a) The determination of the tax or the amount of the
tax;

(b) The delinquency of the amounts; and

(c) The compliance by the county recorder with all the
procedures required by law relating to the computation and determination of the
amounts.

Sec. 12. NRS
375.200 is hereby amended to read as follows:

375.200 1. The county or its authorized representative
may issue a warrant for the enforcement of a lien and for the collection of any
delinquent tax that is administered pursuant to this chapter:

(a) Within [3]4 years after the person
is delinquent in the payment of the tax; or

(b) Within 5 years after the last recording of a
certificate copy constituting a lien for the tax.

2. The warrant must be directed to a sheriff or
constable and has the same effect as a writ of execution.

3. The warrant must be levied and sale made pursuant to
the warrant in the same manner and with the same effect as a levy of and a sale
pursuant to a writ of execution.

Sec. 13. NRS 4.065
is hereby amended to read as follows:

4.065 1. The justice of the peace shall, on the
commencement of any action or proceeding in the justice court for which a fee
is required, and on the answer or appearance of any defendant in any such
action or proceeding for which a fee is required, charge and collect a fee of
$1 from the party commencing, answering or appearing in the action or
proceeding. These fees are in addition to any other fee required by law.

2. On or before the first Monday of each month, the
justice of the peace shall pay over to the county treasurer the amount of all
fees collected by the justice of the peace pursuant to subsection 1 for credit
to the State General Fund. Quarterly, the county treasurer shall remit all
money so collected to the State Controller, who shall place the money in an
account in the State General Fund for use by the Executive Director of the
Department of Taxation to administer the provisions of NRS 360.283[.] and section 1 of this act.

Sec. 14. 1. This
section becomes effective upon passage and approval.

2. Section 9 of this act becomes effective upon passage and
approval and expires by limitation on June 30, 2011.

3. Sections 1 to 8,
inclusive, and 10 to 13, inclusive, of this act become effective on July 1, 2011.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 403ê

CHAPTER 96, SB 51

Senate Bill No. 51–Committee on Transportation

CHAPTER 96

[Approved:
May 24, 2011]

AN ACT relating to
motor vehicles; revising provisions relating to the reporting of certain
convictions for the violation of certain traffic laws; revising the penalties
imposed for operating a commercial motor vehicle under certain circumstances;
providing for the imposition of a civil penalty against the employer of a
person who operates a commercial motor vehicle under certain circumstances;
deleting a provision concerning driver’s licenses surrendered to a court under
certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing state law prohibits a person from driving a
commercial motor vehicle on the highways of this State at any time while the
person is subject to an out-of-service order. (NRS 483.924) Section 4 of
this bill expands the definition of the term “out-of-service order” to include
both a temporary prohibition against a person operating a commercial motor
vehicle, as described in 49 C.F.R. § 395.13, and a temporary prohibition
against a commercial motor vehicle being operated, as described in 49 C.F.R. §
396.9(c). Section 1 of this bill, with respect to drivers who are
declared out-of-service pursuant to 49 C.F.R. § 395.13 and are convicted of
violating such a declaration, requires the Department of Motor Vehicles to
suspend the privilege of the person to drive a commercial motor vehicle for the
period specified in 49 C.F.R. § 383.51(e) and to impose a civil penalty against
the person in the amount specified by 49 C.F.R. § 383.53(b)(1). Section 1
also requires the Department to impose a civil penalty in the amount specified
in 49 C.F.R. § 383.53(b)(2) against the employer of a driver of a commercial
motor vehicle if the employer is convicted of knowingly allowing, requiring,
permitting or authorizing the person to operate a commercial motor vehicle
during any period in which the person or the commercial motor vehicle is
subject to an out-of-service order.

Under existing state law, courts having jurisdiction
over violations of certain licensing laws or other laws regulating the
operation of motor vehicles on highways are required to forward to the
Department of Motor Vehicles a record of the conviction of a person for
violating such laws. The record must be forwarded to the Department within 20
days after the conviction. (NRS 483.450) Under existing federal law, in the
context of a person who holds a commercial driver’s license or is operating a
commercial motor vehicle, the licensing entity of the state in which the person
is convicted of violating a law relating to motor vehicle traffic control must
provide notice of the conviction to the licensing entity of the state in which
the person is licensed. The notification must be made within 10 days after the
conviction. (49 C.F.R. § 384.209) Section 2 of this bill: (1) reduces
from 20 days to 5 days the period within which a court must forward to the
Department a record of conviction; and (2) requires the Department, if the
conviction is of a person holding a commercial driver’s license, to provide
notice of the conviction to the Commercial Driver’s License Information System
within 5 days after the date on which the Department received the record of
conviction from the court. Section 2 thus allows the Department to
comply with the 10-day reporting period imposed pursuant to federal regulation.
Section 2 also deletes a provision of existing law pursuant to which a
court that requires the surrender of the driver’s licenses of a person
convicted of certain traffic offenses may forward those licenses to the
Department together with the record of the person’s conviction.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
483 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. If the
Department receives notice that a person who holds a commercial driver’s
license has been convicted of driving a commercial motor vehicle in violation
of an out-of-service declaration, as described in 49 C.F.R. § 395.13, the
Department shall:

(a) Suspend the
privilege of the person to operate a commercial motor vehicle for the period
set forth in 49 C.F.R. § 383.51(e); and

(b) In addition
to any other applicable fees and penalties that must be paid to reinstate the
commercial driver’s license after suspension, impose against the person a civil
penalty in the amount set forth in 49 C.F.R. § 383.53(b)(1).

2. If the
Department receives notice that the employer of a person who holds a commercial
driver’s license has been convicted of a violation of 49 C.F.R. § 383.37(c) for
knowingly allowing, requiring, permitting or authorizing the person to operate
a commercial motor vehicle during any period in which the person or the
commercial motor vehicle is subject to an out-of-service order, the Department
shall impose against the employer a civil penalty in the amount set forth in 49
C.F.R. § 383.53(b)(2).

3. All money
collected by the Department pursuant to paragraph (b) of subsection 1 or
subsection 2 must be deposited in the State Treasury for credit to the Motor
Vehicle Fund.

4. The
Department shall adopt regulations to carry out the provisions of this section.

Sec. 2. NRS 483.450
is hereby amended to read as follows:

483.450 1. [Whenever any person is
convicted of any offense for which the provisions of NRS 483.010 to 483.630,
inclusive, make mandatory the revocation of his or her driver’s license by the
Department, the court in which the person is convicted may require the
surrender to it of all driver’s licenses then held by the person convicted, and
the court may, within 20 days after the conviction, forward these licenses, together with a record of the conviction,to the Department.

2.]
A record of conviction must be made in a manner approved by the Department.
The court shall provide sufficient information to allow the Department to
include accurately the information regarding the conviction in the driver’s
record.

[3.]2. The Department shall adopt regulations
prescribing the information necessary to record the conviction in the driver’s
record.

[4.]3. Every court, including a juvenile court,
having jurisdiction over violations of the provisions of NRS 483.010 to
483.630, inclusive, or any other law of this State or municipal ordinance
regulating the operation of motor vehicles on highways, shall forward to the
Department:

(a) If the court is other than a juvenile court, a
record of the conviction of any person in that court for a violation of any
such laws other than regulations governing standing or parking; or

(b) If the court is a juvenile court, a record of any
finding that a child has violated a traffic law or ordinance other than one
governing standing or parking,

Ê within [20]5 days after the
conviction or finding, and may recommend the suspension of the driver’s license
of the person convicted or child found in violation of a traffic law or
ordinance.

[5.]4. If a record forwarded to the Department pursuant to
subsection 3 is a record of the conviction of a
person who holds a commercial driver’s license, the Department shall, within 5
days after the date on which it receives such a record, transmit notice of the
conviction to the Commercial Driver’s License Information System.

5. For the purposes of NRS 483.010 to 483.630, inclusive:

(a) “Conviction” has the meaning prescribed by
regulation pursuant to NRS 481.052.

(b) A forfeiture of bail or collateral deposited to
secure a defendant’s appearance in court, if the forfeiture has not been
vacated, is equivalent to a conviction.

6. The necessary expenses of mailing [licenses
and] records of conviction to the Department as required
by [subsections 1 and 4]this section must be paid
by the court charged with the duty of forwarding those [licenses and]
records of conviction.

7. As used in this section, “Commercial Driver’s License Information
System” has the meaning ascribed to it in NRS 483.904.

Sec. 3. NRS 483.902
is hereby amended to read as follows:

483.902 The provisions of NRS 483.900 to 483.940, inclusive,
and section 1 of this act apply only with respect to commercial drivers’ licenses.

Sec. 4. NRS 483.904
is hereby amended to read as follows:

483.904 As used in NRS 483.900 to 483.940, inclusive, and section 1 of this act, unless
the context otherwise requires:

1. “Commercial driver’s license” means a license issued
to a person which authorizes the person to drive a class or type of commercial
motor vehicle.

2. “Commercial Driver’s License Information System”
means the information system maintained by the Secretary of Transportation
pursuant to 49 U.S.C. § 31309 to serve as a clearinghouse for locating
information relating to the licensing, identification and disqualification of
operators of commercial motor vehicles.

(a) A
person operating a commercial motor vehicle[.] as such a prohibition is described in
49 C.F.R. § 395.13; or

(b) The
operation of a commercial motor vehicle as such a prohibition is described in
49 C.F.R. § 396.9(c).

Sec. 5. NRS 483.924
is hereby amended to read as follows:

483.924 A person shall not drive a commercial motor
vehicle on the highways of this State:

1. Unless the person has been issued and has in his or
her immediate possession a:

(a) Commercial driver’s license with applicable
endorsements valid for the vehicle the person is driving issued by this State
or by any other jurisdiction in accordance with the minimum federal standards
for the issuance of a commercial driver’s license; or

(b) Valid learner’s permit for the operation of a
commercial motor vehicle and is accompanied by the holder of a commercial
driver’s license valid for the vehicle being driven.

2. At any time while the person’s driving privilege is
suspended, revoked or cancelled, or while subject to a disqualification [or], including, without limitation, a
disqualification for violating an out-of-service order[.] that is imposed pursuant to 49 C.F.R. §
383.51(e).

Sec. 6. 1. This section and sections 1, 3, 4 and 5
of this act become effective on October 1, 2011.

2. Section 2 of this act becomes effective on January 1,
2012.

________

CHAPTER 97, SB 7

Senate Bill No. 7–Senator Wiener

CHAPTER 97

[Approved:
May 24, 2011]

AN ACT relating to
administrative regulations; requiring an agency, if practicable, to make a
proposed emergency regulation available to the public before the agency adopts
the emergency regulation; and providing other matters properly relating
thereto.

Legislative Counsel’s Digest:

Existing law authorizes an agency to adopt an emergency
regulation if the agency determines, and the Governor agrees, that an emergency
exists. (NRS 233B.0613) This bill requires the agency, if practicable, to make
a copy of the emergency regulation available to the public at least 1 working
day before the agency files the emergency regulation with the Office of the
Secretary of State. This bill also requires the agency, if practicable, to make
a copy of the proposed emergency regulation available to the public at least 1
working day before the agency holds any hearing to adopt the emergency
regulation. Specifically, the agency must provide a copy of the proposed
emergency regulation to a member of the public upon request and, if the agency
maintains a website, the agency must make a copy of the proposed emergency
regulation available on its website. When so providing a copy of the proposed
emergency regulation and making a copy of the proposed emergency regulation
available, the agency must provide and make available the version of the
proposed emergency regulation which will be considered at the hearing.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 233B.0613 is hereby amended to read as
follows:

233B.0613 1. If an agency determines that an emergency
exists, it shall submit to the Governor a written statement of the emergency
which sets forth the reasons for the determination. If the Governor endorses
the statement of the emergency by written endorsement at the end of the full
text of the statement of emergency on the original copy of a proposed
regulation, the regulation may be adopted and become effective immediately upon
its being filed in the Office of the Secretary of State pursuant to subsection
3 of NRS 233B.070.

NRS 233B.070. The statement of the emergency endorsed by the
Governor must be included as a part of the regulation for all purposes.

2. If
practicable, the agency shall, not later than 9 a.m. on the first working day
before the date on which the emergency regulation is filed in the Office of the
Secretary of State pursuant to subsection 3 of NRS 233B.070, make the emergency
regulation available to the public by:

(a) Providing
a copy of the emergency regulation to a member of the public upon request; and

(b) Making
a copy of the emergency regulation available on its website on the Internet, if
any.

3. If
practicable, the agency shall, not later than 9 a.m. on the first working day
before the date of any hearing at which the agency considers the emergency
regulation, make the version of the proposed emergency regulation that will be
considered at the hearing available to the public by:

(a) Providing
a copy of the proposed emergency regulation to a member of the public upon
request; and

(b) Making
a copy of the proposed emergency regulation available on its website on the
Internet, if any.

4. A
regulation [so] adopted pursuant to this section may be effective for
a period of not longer than 120 days. A regulation may be adopted by this
emergency procedure only once.

[2.] 5. If an agency adopts, after providing
notice and the opportunity for a hearing as required in this chapter, a
permanent or temporary regulation which becomes effective and is substantially
identical to its effective emergency regulation, the emergency regulation
expires automatically on the effective date of the temporary or permanent
regulation.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 408ê

CHAPTER 98, SB 27

Senate Bill No. 27–Senator Wiener

CHAPTER 98

[Approved:
May 24, 2011]

AN ACT relating to
child care facilities; requiring employees of certain child care facilities to
complete training each year relating to the lifelong wellness, health and
safety of children; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the Board for Child Care to adopt
licensing standards for child care facilities. (NRS 432A.077) The Board, by
regulation, has adopted both initial and continuing training requirements for
persons employed in child care facilities. Employees are initially required to
complete at least 9 hours of training within 90 days after commencing
employment in a child care facility and at least 6 hours of additional training
within 12 months after commencing employment in a child care facility. After
completion of the initial training requirements, employees are then required to
complete at least 15 hours of training during each succeeding 12-month period.
(NAC 432A.323, 432A.326) This bill requires persons employed in child care
facilities to complete at least 15 hours of training each year, at least 2
hours of which must be devoted to the lifelong wellness, health and safety of
children and must include training relating to childhood obesity, nutrition and
physical activity.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
432A of NRS is hereby amended by adding thereto a new section to read as
follows:

Each person who
is employed in a child care facility, other than in a facility that provides
care for ill children, shall complete at least 15 hours of training each year.
At least 2 hours of such training must be devoted to the lifelong wellness,
health and safety of childrenand must include training relating to childhood obesity,
nutrition and physical activity.

Sec. 2. This act becomes effective on July 1, 2011.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 409ê

CHAPTER 99, SB 44

Senate Bill No. 44–Committee on Health and Human
Services

CHAPTER 99

[Approved:
May 24, 2011]

AN ACT relating to
mental health; requiring the Division of Mental Health and Developmental
Services of the Department of Health and Human Services to adopt regulations
defining eligibility for services; revising the term used to refer to persons
who receive services from the Division; and providing other matters properly
relating thereto.

Legislative Counsel’s Digest:

Under existing law, the Division of Mental Health and
Developmental Services of the Department of Health and Human Services provides
mental health services to any person who seeks, on the person’s own or
another’s initiative, and can benefit from, such services. (Title 39 of NRS) Section
1 of this bill requires the Division to adopt regulations: (1) that define
when a consumer may receive services from the Division; and (2) that establish
policies and procedures for the referral of a consumer to another organization
or resource when the Division cannot provide the services that the consumer
needs.

Existing law uses “client” as a defined term to refer to
a person who seeks, on the person’s own or another’s initiative, and can
benefit from, services offered by the Division. Sections 2-75 of this
bill replace the term “client” in certain existing statutes with the term
“consumer” to reflect currently acceptable nomenclature within the field of
mental health. Section 76 of this bill requires the Legislative Counsel
to make corresponding changes to existing regulations.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
433 of NRS is hereby amended by adding thereto a new section to read as
follows:

The Division
shall adopt regulations:

1. To define the term “consumer” for the
purposes of this title.

2. To specify
the circumstances
under which a consumer is eligible to receive services from the Division
pursuant to this title, including, but not limited to, care, treatment,
treatment to competency and training. Regulations adopted pursuant to this
subsection must specify that a consumer is eligible to receive services only if
the consumer:

(a) Has a
documented diagnosis of a mental disorder based on the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders published by the
American Psychiatric Association; and

(b) Except as
otherwise provided in the regulations adopted pursuant to subsection 3, is not
eligible to receive services through another public or private entity.

3. To specify
the circumstances under which the provisions of paragraph (b) of subsection 2
do not apply, including, without limitation, when the copay or other payment
required to obtain services through another public or private entity is
prohibitively high.

4. To establish policies and procedures for the
referral of each consumer who needs services that the Division is unable to
provide to the most appropriate organization or resource who is able to provide
the needed services to that consumer.

Sec. 2. NRS 433.003
is hereby amended to read as follows:

433.003 The Legislature hereby declares that it is the
intent of this title:

1. To eliminate the forfeiture of any civil and legal
rights of any person and the imposition of any legal disability on any person,
based on an allegation of mental illness or mental retardation or a related
condition, by any method other than a separate judicial proceeding resulting in
a determination of incompetency, wherein the civil and legal rights forfeited
and the legal disabilities imposed are specifically stated; and

2. To charge the Division of Mental and Developmental
Services, and the Division of Child and Family Services, of the Department with
recognizing their duty to act in the best interests of their respective [clients]consumers by placing
them in the least restrictive environment.

Sec. 3. NRS 433.094
is hereby amended to read as follows:

433.094 “Division facility” means any unit or subunit
operated by the Division for the care, treatment and training of [clients.] consumers.

Sec. 4. NRS 433.264
is hereby amended to read as follows:

433.264 1. Physicians shall be employed within the
various division facilities as are necessary for the operation of the
facilities. They shall hold degrees of doctor of medicine from accredited
medical schools and they shall be licensed to practice medicine in Nevada as
provided by law.

2. Except as otherwise provided by law, their only
compensation shall be annual salaries, fixed in accordance with the pay plan
adopted pursuant to the provisions of NRS 284.175.

3. The physicians shall perform such duties pertaining
to the care and treatment of [clients]consumers as may be required.

Sec. 5. NRS 433.279
is hereby amended to read as follows:

433.279 1. The Division shall carry out a vocational
and educational program for the certification of mental health-mental
retardation technicians, including forensic technicians:

(a) Employed by the Division, or other employees of the
Division who perform similar duties, but are classified differently.

(b) Employed by the Division of Child and Family
Services of the Department.

Ê The program
must be carried out in cooperation with the Nevada System of Higher Education.

2. A mental health-mental retardation technician is
responsible to the director of the service in which his or her duties are
performed. The director of a service may be a licensed physician, dentist,
podiatric physician, psychiatrist, psychologist, rehabilitation therapist,
social worker, registered nurse or other professionally qualified person. This
section does not authorize a mental health-mental retardation technician to
perform duties which require the specialized knowledge and skill of a
professionally qualified person.

3. The Division shall adopt regulations to carry out
the provisions of this section.

4. As used in this section, “mental health-mental
retardation technician” means an employee of the Division of Mental Health and
Developmental Services or the Division of Child and Family Services who, for compensation or personal profit, carries out procedures and
techniques which involve cause and effect and which are used in the care,
treatment and rehabilitation of persons with mental illness or mental
retardation, persons who are emotionally disturbed and persons with related
conditions, and who has direct responsibility for:

compensation or personal profit, carries out procedures and
techniques which involve cause and effect and which are used in the care,
treatment and rehabilitation of persons with mental illness or mental
retardation, persons who are emotionally disturbed and persons with related
conditions, and who has direct responsibility for:

(a) Administering or carrying out specific therapeutic
procedures, techniques or treatments, excluding medical interventions, to
enable [clients]consumers to make optimal use of their
therapeutic regime, their social and personal resources, and their residential
care; or

(b) The application of interpersonal and technical
skills in the observation and recognition of symptoms and reactions of [clients,]consumers, for the
accurate recording of such symptoms and reactions, and for carrying out
treatments authorized by members of the interdisciplinary team that determines
the treatment of the [clients.] consumers.

Sec. 6. NRS 433.331
is hereby amended to read as follows:

433.331 The Division
shall adopt regulations to:

1. Provide for a more detailed definition of abuse of a
[client]consumer of the Division, consistent with the
general definition given in NRS 433.554;

2. Provide for a more detailed definition of neglect of
a [client]consumer of the Division, consistent with the
general definition given in NRS 433.554; and

3. Establish policies and procedures for reporting the
abuse or neglect of a [client]consumer of the Division.

Sec. 7. NRS 433.334
is hereby amended to read as follows:

433.334 The Division may, by contract with general
hospitals or other institutions having adequate facilities in the State of
Nevada, provide for inpatient care of [clients]consumers with
mental illness or mental retardation and [clients]consumers with
related conditions.

Sec. 8. NRS 433.404
is hereby amended to read as follows:

433.404 1. The Division shall establish a fee schedule
for services rendered through any program supported by the State pursuant to
the provisions of chapters 433 to 436, inclusive, of NRS. The schedule must be
submitted to the Commission and the Director of the Department for joint
approval before enforcement. The fees collected by facilities operated by the
Division pursuant to this schedule must be deposited in the State Treasury to
the credit of the State General Fund, except as otherwise provided in NRS
433.354 for fees collected pursuant to contract or agreement and in NRS 435.120
for fees collected for services to [clients]consumers with
mental retardation and related conditions.

2. For a facility providing services for the treatment
of persons with mental illness or mental retardation and persons with related
conditions, the fee established must approximate the cost of providing the
service, but if a [client]consumer is unable to pay in full the fee
established pursuant to this section, the Division may collect any amount the [client]consumer is able to
pay.

Sec. 9. NRS 433.431
is hereby amended to read as follows:

433.431 As used in NRS 433.431 to 433.454, inclusive,
unless the context otherwise requires[:

1. “Client”
means any person who seeks, on the person’s own or another’s initiative, and
can benefit from, care, treatment, treatment to competency or training in a
division facility.

[(a)]1. The Division of Mental Health and
Developmental Services of the Department for the care, treatment and training
of [clients;]consumers; or

[(b)]2. The Division of Child and Family Services
of the Department pursuant to chapter 433B of NRS.

Sec. 10. NRS
433.444 is hereby amended to read as follows:

433.444 1. For the purpose of facilitating the return
of nonresident [clients]consumers to the state in which they have
legal residence, the Administrator may enter into reciprocal agreements,
consistent with the provisions of this title, with the proper boards, commissioners
or officers of other states for the mutual exchange of [clients]consumers confined
in, admitted or committed to a mental health or mental retardation facility in
one state whose legal residence is in the other, and may give written
permission for the return and admission to a division facility of any resident
of this state when such permission is conformable to the provisions of this
title governing admissions to a division facility.

2. The county clerk and board of county commissioners
of each county, upon receiving notice from the Administrator that an
application for the return of an alleged resident of this state has been
received, shall promptly investigate and report to the Administrator their
findings as to the legal residence of the [client.] consumer.

Sec. 11. NRS
433.454 is hereby amended to read as follows:

433.454 1. All expenses incurred for the purpose of
returning a [client]consumer to the state in which the [client]consumer has legal
residence shall be paid from the moneys of the [client]consumer or by the
relatives or other persons responsible for the [client’s]consumer’s care and
treatment under his or her commitment or admission.

2. In the case of indigent [clients]consumers whose
relatives cannot pay the costs and expenses of returning such [clients]consumers to the
state in which they have residence, the costs may be assumed by the State.
These costs shall be advanced from moneys appropriated for the general support
of the division facility wherein the [client]consumer was
receiving care, treatment or training, if such [client]consumer was
committed to a division facility at the time of the transfer, and shall be paid
out on claims as other claims against the State are paid.

Sec. 12. NRS
433.456 is hereby amended to read as follows:

433.456 As used in NRS 433.456 to 433.536, inclusive,
unless the context otherwise requires, the words and terms defined in NRS
433.458 [to], 433.461 and 433.462[, inclusive,]
have the meanings ascribed to them in those sections.

Sec. 13. NRS
433.461 is hereby amended to read as follows:

433.461 “Facility” means any:

1. Unit or subunit operated by the Division of Mental
Health and Developmental Services of the Department for the care, treatment and
training of [clients.] consumers.

2. Unit or subunit operated by the Division of Child
and Family Services of the Department pursuant to chapter 433B of NRS.

3. Hospital, clinic or other institution operated by
any public or private entity, for the care, treatment and training of [clients.] consumers.

433.462 “Rights” includes, without limitation, all
rights provided to a [client]consumer pursuant to NRS 433.456 to 433.536,
inclusive, and any regulations adopted pursuant thereto.

Sec. 15. NRS
433.471 is hereby amended to read as follows:

433.471 1.
Each client consumer admitted for evaluation, treatment or training to a
facility has the following rights concerning admission to the facility, a list
of which must be prominently posted in all facilities providing those services
and must be otherwise brought to the attention of the [client]consumer by such
additional means as prescribed by regulation:

[1.](a) The right not to be admitted to the
facility under false pretenses or as a result of any improper, unethical or
unlawful conduct by a staff member of the facility to collect money from the
insurance company of the [client]consumer or for any other financial purpose.

[2.](b) The right to receive a copy, on request,
of the criteria upon which the facility makes its decision to admit or discharge
a [client]consumer from the facility. Such criteria must
not, for emergency admissions or involuntary court-ordered admissions, be based
on the availability of insurance coverage or any other financial
considerations.

[3.]2. As used in this section, “improper
conduct” means a violation of the rules, policies or procedures of the
facility.

Sec. 16. NRS
433.472 is hereby amended to read as follows:

433.472 1. Each [client]consumer admitted
for evaluation, treatment or training to a facility has the following rights
concerning involuntary commitment to the facility, a list of which must be
prominently posted in all facilities providing those services and must be
otherwise brought to the attention of the [client]consumer by such
additional means as prescribed by regulation:

(a) To request and receive a second evaluation by a
psychiatrist or psychologist who does not have a contractual relationship with
or financial interest in the facility. The evaluation must:

(1) Include, without limitation, a recommendation
of whether the [client]consumer should be involuntarily committed to
the facility; and

(2) Be paid for by the [client]consumer if the
insurance carrier of the [client]consumer refuses to pay for the evaluation.

(b) To receive a copy of the procedure of the facility regarding
involuntary commitment and treatment.

(c) To receive a list of the [client’s]consumer’s rights
concerning involuntary commitment or treatment.

2. If the results of an evaluation conducted by a
psychiatrist or psychologist pursuant to subsection 1 conflict in any manner
with the results of an evaluation conducted by the facility, the facility may
request and receive a third evaluation of the [client]consumer to resolve
the conflicting portions of the previous evaluations.

Sec. 17. NRS 433.482
is hereby amended to read as follows:

433.482 Each [client]consumer admitted
for evaluation, treatment or training to a facility has the following personal
rights, a list of which must be prominently posted in all facilities providing
those services and must be otherwise brought to the attention of the [client]consumer by such
additional means as prescribed by regulation:

1. To wear the [client’s]consumer’s own
clothing, to keep and use his or her own personal possessions, including toilet
articles, unless those articles may be used to endanger
the [client’s] consumer’s life or others’ lives, and to keep and be allowed to
spend a reasonable sum of the [client’s] consumer’s own money for expenses and
small purchases.

articles may be used to endanger the [client’s]consumer’s life or
others’ lives, and to keep and be allowed to spend a reasonable sum of the [client’s]consumer’s own money
for expenses and small purchases.

2. To have access to individual space for storage for
his or her private use.

3. To see visitors each day.

4. To have reasonable access to telephones, both to
make and receive confidential calls.

5. To have ready access to materials for writing
letters, including stamps, and to mail and receive unopened correspondence,
but:

(a) For the purposes of this subsection, packages are
not considered as correspondence; and

(b) Correspondence identified as containing a check
payable to a [client]consumer may be subject to control and
safekeeping by the administrative officer of that facility or the
administrative officer’s designee, so long as the [client’s]consumer’s record of
treatment documents the action.

6. To have reasonable access to an interpreter if the [client]consumer does not
speak English or is hearing impaired.

7. To designate a person who must be kept informed by
the facility of the [client’s]consumer’s medical and mental condition, if
the [client]consumer signs a release allowing the facility
to provide such information to the person.

8. Except as otherwise provided in NRS 439.538, to have
access to the [client’s]consumer’s medical records denied to any
person other than:

(a) A member of the staff of the facility or related
medical personnel, as appropriate;

(b) A person who obtains a waiver by the [client]consumer of his or
her right to keep the medical records confidential; or

(c) A person who obtains a court order authorizing the
access.

9. Other personal rights as specified by regulation of
the Commission.

Sec. 18. NRS
433.484 is hereby amended to read as follows:

433.484 Each [client]consumer admitted
for evaluation, treatment or training to a facility has the following rights
concerning care, treatment and training, a list of which must be prominently
posted in all facilities providing those services and must be otherwise brought
to the attention of the [client]consumer by such additional means as
prescribed by regulation:

1. To medical, psychosocial and rehabilitative care,
treatment and training including prompt and appropriate medical treatment and
care for physical and mental ailments and for the prevention of any illness or
disability. All of that care, treatment and training must be consistent with
standards of practice of the respective professions in the community and is
subject to the following conditions:

(a) Before instituting a plan of care, treatment or
training or carrying out any necessary surgical procedure, express and informed
consent must be obtained in writing from:

(1) The [client]consumer if he or
she is 18 years of age or over or legally emancipated and competent to give
that consent, and from the [client’s]consumer’s legal guardian, if any;

(2) The parent or guardian of a [client]consumer under 18
years of age and not legally emancipated; or

(3) The legal guardian of a [client]consumer of any age
who has been adjudicated mentally incompetent;

(b) An informed consent requires that the person whose
consent is sought be adequately informed as to:

(1) The nature and consequences of the procedure;

(2) The reasonable risks, benefits and purposes of
the procedure; and

(3) Alternative procedures available;

(c) The consent of a [client]consumer as provided
in paragraph (b) may be withdrawn by the [client]consumer in writing
at any time with or without cause;

(d) Even in the absence of express and informed consent,
a licensed and qualified physician may render emergency medical care or
treatment to any [client]consumer who has been injured in an accident
or who is suffering from an acute illness, disease or condition, if within a
reasonable degree of medical certainty, delay in the initiation of emergency
medical care or treatment would endanger the health of the [client]consumer and if the
treatment is immediately entered into the [client’s]consumer’s record of
treatment, subject to the provisions of paragraph (e); and

(e) If the proposed emergency medical care or treatment
is deemed by the chief medical officer of the facility to be unusual,
experimental or generally occurring infrequently in routine medical practice,
the chief medical officer shall request consultation from other physicians or
practitioners of healing arts who have knowledge of the proposed care or
treatment.

2. To be free from abuse, neglect and aversive
intervention.

3. To consent to the [client’s]consumer’s transfer
from one facility to another, except that the Administrator of the Division of
Mental Health and Developmental Services of the Department or the
Administrator’s designee, or the Administrator of the Division of Child and
Family Services of the Department or the Administrator’s designee, may order a
transfer to be made whenever conditions concerning care, treatment or training
warrant it. If the [client]consumer in any manner objects to the
transfer, the person ordering it must enter the objection and a written
justification of the transfer in the [client’s]consumer’s record of
treatment and immediately forward a notice of the objection to the
Administrator who ordered the transfer, and the Commission shall review the
transfer pursuant to subsection 3 of NRS 433.534.

4. Other rights concerning care, treatment and training
as may be specified by regulation of the Commission.

Sec. 19. NRS
433.494 is hereby amended to read as follows:

433.494 1. An individualized written plan of mental
health or mental retardation services or plan of services for a related
condition must be developed for each [client]consumer of each
facility. The plan must:

(a) Provide for the least restrictive treatment
procedure that may reasonably be expected to benefit the [client;]consumer; and

(b) Be developed with the input and participation of:

(1) The [client,]consumer, to the
extent that he or she is able to provide input and participate; and

(2) To the extent that the [client]consumer is unable
to provide input and participate, the parent or guardian of the [client]consumer if the [client]consumer is under 18
years of age and is not legally emancipated, or the legal guardian of a [client]consumer who has
been adjudicated mentally incompetent.

2. The plan must be kept current and must be modified,
with the input and participation of the [client,]consumer, the parent
or guardian of the [client]consumer or the legal guardian of the [client,]consumer, as
appropriate, when indicated. The plan must be thoroughly reviewed at least once
every 3 months.

3. The person in charge of implementing the plan of
services must be designated in the plan.

Sec. 20. NRS
433.504 is hereby amended to read as follows:

433.504 1. A [client]consumer or the [client’s]consumer’s legal
guardian must be:

(a) Permitted to inspect the [client’s]consumer’s records;
and

(b) Informed of the [client’s]consumer’s clinical
status and progress at reasonable intervals of no longer than 3 months in a
manner appropriate to his or her clinical condition.

2. Unless a psychiatrist has made a specific entry to
the contrary in a [client’s]consumer’s records, a [client]consumer or the [client’s]consumer’s legal
guardian is entitled to obtain a copy of the [client’s]consumer’s records
at any time upon notice to the administrative officer of the facility and
payment of the cost of reproducing the records.

Sec. 21. NRS
433.514 is hereby amended to read as follows:

433.514 1. The attending psychiatrist or physician
shall be responsible for all medication given or administered to a [client.] consumer.

2. Each administrative officer shall establish a policy
for the review of the administration, storage and handling of medications by
nurses and nonprofessional personnel.

Sec. 22. NRS
433.524 is hereby amended to read as follows:

433.524 1. A [client]consumer may perform
labor which contributes to the operation and maintenance of the facility for
which the facility would otherwise employ someone only if:

(a) The [client]consumer voluntarily agrees to perform the
labor;

(b) Engaging in the labor is not inconsistent with and
does not interfere with the plan of services for the [client;] consumer;

(c) The person responsible for the [client’s]consumer’s treatment
agrees to the plan of labor; and

(d) The amount of time or effort necessary to perform
the labor is not excessive.

Ê In no event
may discharge or privileges be conditioned upon the performance of such labor.

2. A [client]consumer who performs labor which contributes
to the operation and maintenance of the facility for which the facility would
otherwise employ someone must be adequately compensated and the compensation
must be in accordance with applicable state and federal labor laws.

3. A [client]consumer who performs labor other than that
described in subsection 2 must be compensated an adequate amount if an economic
benefit to another person or agency results from the [client’s]consumer’s labor.

4. The administrative officer of the facility may
provide for compensation of a resident when the resident performs labor not
governed by subsection 2 or 3.

5. This section does not apply to labor of a personal
housekeeping nature or to labor performed as a condition of residence in a
small group living arrangement.

6. One-half of any compensation paid to a [client]consumer pursuant to
this section is exempt from collection or retention as payment for services
rendered by the Division of Mental Health and Developmental Services of the
Department or its facilities, or by the Division of Child and Family Services
of the Department or its facilities. Such an amount is also exempt from levy,
execution, attachment, garnishment or any other remedies provided by law for
the collection of debts.

Sec. 23. NRS
433.531 is hereby amended to read as follows:

433.531 Each [client]consumer admitted
for evaluation, treatment or training to a facility has the following rights
concerning the suspension or violation of his or her rights, a list of which
must be prominently posted in all facilities providing those services and must
be otherwise brought to the attention of the [client]consumer by such
additional means as prescribed by regulation:

1. To receive a list of the [client’s]consumer’s rights.

2. To receive a copy of the policy of the facility that
sets forth the clinical or medical circumstances under which the [client’s]consumer’s rights
may be suspended or violated.

3. To receive a list of the clinically appropriate
options available to the [client]consumer or the [client’s]consumer’s family to
remedy an actual or a suspected suspension or violation of his or her rights.

4. To have all policies of the facility regarding the
rights of [clients]consumers prominently posted in the facility.

Sec. 24. NRS
433.533 is hereby amended to read as follows:

433.533 Each facility shall, within a reasonable time
after a [client]consumer is admitted to the facility for
evaluation, treatment or training, ask the [client]consumer to sign a
document that reflects that the [client]consumer has received a list of the [client’s]consumer’s rights
and has had those rights explained to him or her.

Sec. 25. NRS
433.534 is hereby amended to read as follows:

433.534 1. The rights of a [client]consumer enumerated
in this chapter must not be denied except to protect the [client’s]consumer’s health
and safety or to protect the health and safety of others, or both. Any denial
of those rights in any facility must be entered in the [client’s]consumer’s record of
treatment, and notice of the denial must be forwarded to the administrative
officer of the facility. Failure to report denial of rights by an employee may
be grounds for dismissal.

2. If the administrative officer of a facility receives
notice of a denial of rights as provided in subsection 1, the officer shall
cause a full report to be prepared which must set forth in detail the factual
circumstances surrounding the denial. Except as otherwise provided in NRS
239.0115, such a report is confidential and must not be disclosed. A copy of
the report must be sent to the Commission.

3. The Commission:

(a) Shall receive reports of and may investigate
apparent violations of the rights guaranteed by this chapter;

(b) May act to resolve disputes relating to apparent
violations;

(c) May act on behalf of [clients]consumers to obtain
remedies for any apparent violations; and

(d) Shall otherwise endeavor
to safeguard the rights guaranteed by this chapter.

4. Pursuant to NRS 241.030,
the Commission may close any portion of a meeting in which it considers the
character, alleged misconduct or professional competence of a person in
relation to:

(a) The denial of the rights
of a [client;]consumer; or

(b) The care and treatment of
a [client.] consumer.

Ê
The provisions of this subsection do not require a meeting of the Commission to
be closed to the public.

Sec. 26.
NRS 433.538 is hereby amended to read as follows:

433.538 As used in NRS
433.538 to 433.543, inclusive, unless the context otherwise requires:

1. “Administrative officer”
means a person with overall executive and administrative responsibility for a
division facility.

2. [“Client” means any person
who seeks, on the person’s own or another’s initiative, and can benefit from,
care, treatment, treatment to competency or training in a division facility.

3.] “Division facility” means any
unit or subunit operated by:

(a) The Division of Mental
Health and Developmental Services of the Department for the care, treatment and
training of [clients;]consumers; or

(b) The Division of Child and
Family Services of the Department pursuant to chapter 433B of NRS.

Sec. 27.
NRS 433.539 is hereby amended to read as follows:

433.539 1. There may be
maintained as a trust fund at each division facility a [clients’]consumers’ personal
deposit fund.

2. Money coming into the
possession of the administrative officer of a division facility which belongs
to a [client]consumer must be credited in the fund in the
name of that [client.] consumer.

3. When practicable,
individual credits in the fund must not exceed the sum of $300.

4. Any amounts to the credit
of a [client]consumer may be used for purchasing personal
necessities, for expenses of burial or may be turned over to the [client]consumer upon the [client’s]consumer’s demand,
except that when the [client]consumer is adjudicated mentally incompetent
the guardian of the [client’s]consumer’s estate has the right to demand and
receive the money.

5. An amount accepted for
the benefit of a [client]consumer for a special purpose must be
reserved for that purpose regardless of the total amount to the credit of the [client.] consumer.

6. Except as otherwise
provided in subsection 7, the administrative officers shall deposit any money
received for the funds of their respective facilities in commercial accounts
with one or more banks or credit unions of reputable standing. When deposits in
a commercial account exceed $15,000, the administrative officer may deposit the
excess in a savings account paying interest in any reputable commercial bank,
or in any credit union or savings and loan association within this state that
is federally insured or insured by a private insurer approved pursuant to NRS
678.755. The savings account must be in the name of the fund. Interest paid on
deposits in the savings account may be used for recreational purposes at the
division facility.

7. The administrative
officers may maintain at their respective division facilities petty cash of not
more than $400 of the money in the [clients’]consumers’ personal
deposit fund to enable [clients]consumers to withdraw small sums from their
accounts.

433.541 Whenever any person admitted to a division
facility dies, the administrative officer shall send written notice to the
decedent’s legally appointed representative, listing the personal property
remaining in the custody or possession of the facility. If there is no demand
made upon the administrative officer of the facility by the decedent’s legally
appointed representative, all personal property of the decedent remaining in
the custody or possession of the administrative officer must be held by the
officer for a period of 1 year from the date of the decedent’s death for the
benefit of the heirs, legatees or successors of the decedent. At the end of
this period, another notice must be sent to the decedent’s representative,
listing the property and specifying the manner in which the property will be
disposed of if not claimed within 15 business days. After 15 business days, all
personal property and documents of the decedent, other than cash, remaining
unclaimed in the possession of the administrative officer must be disposed of
as follows:

1. All documents must be filed by the administrative
officer with the public administrator of the county from which the [client]consumer was
admitted.

2. All other personal property must be sold at a public
auction or by sealed bids. The proceeds of the sale must be applied to the
decedent’s unpaid balance for costs incurred at the division facility.

Sec. 29. NRS
433.542 is hereby amended to read as follows:

433.542 If a person admitted to a division facility is
discharged or leaves and the person fails to recover personal property worth
more than $100 in the custody of the administrative officer of the facility,
the administrative officer shall notify the former [client]consumer or the [client’s]consumer’s legal
representative in writing that personal property remains in the custody of the
facility. The property must be held in safekeeping for the [client]consumer for a
period of 1 year from the date of discharge. If upon the expiration of the
1-year period no claim has been made upon the administrative officer by the
person or the person’s legal representative, another notice must be sent to the
person or the person’s legal representative, stating the fact that personal
property remains in the custody of the facility, and specifying the manner in which
the property will be disposed of if not claimed within 15 business days. After
15 business days, the property may be considered unclaimed property and be
disposed of in the manner provided for unclaimed property of deceased persons
under the provisions of NRS 433.541.

Sec. 30. NRS
433.544 is hereby amended to read as follows:

433.544 1. Upon the death of a [client,]consumer, any known
relatives or friends of the [client]consumer shall be notified immediately of the
fact of death.

2. The Administrator or the Administrator’s designee
shall cause a decent burial to be provided for the [client]consumer outside
division facility grounds. The Administrator or the designee may enter into a
contract with any person or persons, including governmental agencies or other
instrumentalities, as the Administrator or the designee deems proper, for a
decent burial. Where there are known relatives, and they are financially able,
the cost of burial shall be borne by the relatives. Where there are no known
relatives, the cost of burial shall be a charge against the State of Nevada,
but the cost thereof shall not exceed the amount charged
for the burial of indigents in the county in which the burial takes place.

the cost thereof shall not exceed the amount charged for the
burial of indigents in the county in which the burial takes place.

3. When a [client]consumer has income
from a pension payable through a division facility, and has no guardian, the
Division may obligate operating funds for funeral expenses in the amount due
under the pension benefits.

Sec. 31. NRS
433.5483 is hereby amended to read as follows:

433.5483 A person employed by a facility or any other
person shall not use any aversive intervention on a person with a disability
who is a [client.] consumer.

Sec. 32. NRS
433.5486 is hereby amended to read as follows:

433.5486 Notwithstanding the provisions of NRS 433.549
to 433.5503, inclusive, to the contrary, a facility may use or authorize the
use of physical restraint, mechanical restraint or chemical restraint on a
person with a disability who is a [client]consumer if the
facility is:

1. Accredited by a nationally recognized accreditation
association or agency; or

2. Certified for participation in the Medicaid or
Medicare Program,

Ê only to the
extent that the accreditation or certification allows the use of such restraint.

Sec. 33. NRS
433.549 is hereby amended to read as follows:

433.549 A person employed by a facility or any other
person shall not:

1. Except as otherwise provided in NRS 433.5493, use
physical restraint on a person with a disability who is a [client.] consumer.

2. Except as otherwise provided in NRS 433.5496 and
433.5499, use mechanical restraint on a person with a disability who is a [client.] consumer.

3. Except as otherwise provided in NRS 433.5503, use
chemical restraint on a person with a disability who is a [client.] consumer.

Sec. 34. NRS
433.5493 is hereby amended to read as follows:

433.5493 1. Except as otherwise provided in subsection
2, physical restraint may be used on a person with a disability who is a [client]consumer only if:

(a) An emergency exists that necessitates the use of
physical restraint;

(b) The physical restraint is used only for the period
that is necessary to contain the behavior of the [client]consumer so that the
[client]consumer is no longer an immediate threat of
causing physical injury to himself or herself or others or causing severe
property damage; and

(c) The use of force in the application of physical
restraint does not exceed the force that is reasonable and necessary under the
circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a person with a
disability who is a [client]consumer and the provisions of subsection 1 do
not apply if the physical restraint is used to:

(a) Assist the [client]consumer in
completing a task or response if the [client]consumer does not
resist the application of physical restraint or if the [client’s]consumer’s resistance
is minimal in intensity and duration;

(b) Escort or carry a [client]consumer to safety
if the [client]consumer is in danger in his or her present
location; or

(c) Conduct medical examinations or treatments on the [client]consumer that are
necessary.

3. If physical restraint is used on a person with a
disability who is a [client]consumer in an emergency, the use of the
procedure must be reported as a denial of rights pursuant to NRS 433.534,
regardless of whether the use of the procedure is authorized by statute. The
report must be made not later than 1 working day after the procedure is used.

Sec. 35. NRS
433.5496 is hereby amended to read as follows:

433.5496 1. Except as otherwise provided in subsections
2 and 4, mechanical restraint may be used on a person with a disability who is
a [client]consumer only if:

(a) An emergency exists that necessitates the use of
mechanical restraint;

(b) A medical order authorizing the use of mechanical
restraint is obtained from the [client’s]consumer’s treating physician before the
application of the mechanical restraint or not later than 15 minutes after the
application of the mechanical restraint;

(c) The physician who signed the order required pursuant
to paragraph (b) or the attending physician examines the [client]consumer not later
than 1 working day immediately after the application of the mechanical
restraint;

(d) The mechanical restraint is applied by a member of
the staff of the facility who is trained and qualified to apply mechanical
restraint;

(e) The [client]consumer is given the opportunity to move and
exercise the parts of his or her body that are restrained at least 10 minutes
per every 60 minutes of restraint;

(f) A member of the staff of the facility lessens or
discontinues the restraint every 15 minutes to determine whether the [client]consumer will stop
or control his or her inappropriate behavior without the use of the restraint;

(g) The record of the [client]consumer contains a
notation that includes the time of day that the restraint was lessened or
discontinued pursuant to paragraph (f), the response of the [client]consumer and the
response of the member of the staff of the facility who applied the mechanical
restraint;

(h) A member of the staff of the facility continuously
monitors the [client]consumer during the time that mechanical
restraint is used on the [client;]consumer; and

(i) The mechanical restraint is used only for the period
that is necessary to contain the behavior of the [client]consumer so that the
[client]consumer is no longer an immediate threat of
causing physical injury to himself or herself or others or causing severe
property damage.

2. Mechanical restraint may be used on a person with a
disability who is a [client]consumer and the provisions of subsection 1 do
not apply if the mechanical restraint is used to:

(a) Treat the medical needs of a [client;] consumer;

(b) Protect a [client]consumer who is
known to be at risk of injury to himself or herself because the [client]consumer lacks
coordination or suffers from frequent loss of consciousness;

(c) Provide proper body alignment to a [client;]consumer; or

(d) Position a [client]consumer who has
physical disabilities in a manner prescribed in the [client’s]consumer’s plan of
services.

3. If mechanical restraint is used on a person with a
disability who is a [client]consumer in an emergency, the use of the
procedure must be reported as a denial of rights pursuant to NRS 433.534,
regardless of whether the use of the procedure is authorized by statute. The
report must be made not later than 1 working day after the procedure is used.

4. The provisions of this section do not apply to a
forensic facility, as that term is defined in subsection 5 of NRS 433.5499.

Sec. 36. NRS
433.5499 is hereby amended to read as follows:

433.5499 1. Except as otherwise provided in subsection
3, mechanical restraint may be used on a person with a disability who is a [client]consumer of a
forensic facility only if:

(a) An emergency exists that necessitates the use of the
mechanical restraint;

(b) The [client’s]consumer’s behavior presents an imminent
threat of causing physical injury to himself or herself or to others or causing
severe property damage and less restrictive measures have failed to modify the [client’s]consumer’s behavior;

(c) The [client]consumer is in the care of the facility but not
on the premises of the facility and mechanical restraint is necessary to ensure
security; or

(d) The [client]consumer is in the process of being
transported to another location and mechanical restraint is necessary to ensure
security.

2. If mechanical restraint is used pursuant to
subsection 1, the forensic facility shall ensure that:

(a) The mechanical restraint is applied by a member of
the staff of the facility who is trained and qualified to apply mechanical
restraint;

(b) A member of the staff of the facility continuously
monitors the [client]consumer during the time that mechanical
restraint is used on the [client;] consumer;

(c) The record of the [client]consumer contains a
notation that indicates the time period during which the restraint was used and
the circumstances warranting the restraint; and

(d) The mechanical restraint is used only for the period
that is necessary.

3. Mechanical restraint may be used on a person with a
disability who is a [client]consumer of a forensic facility, and the
provisions of subsections 1 and 2 do not apply if the mechanical restraint is
used to:

(a) Treat the medical needs of a [client;] consumer;

(b) Protect a [client]consumer who is
known to be at risk of injury to himself or herself because the [client]consumer lacks
coordination or suffers from frequent loss of consciousness;

(c) Provide proper body alignment to a [client;]consumer; or

(d) Position a [client]consumer who has
physical disabilities in a manner prescribed in the [client’s]consumer’s plan of
services.

4. If mechanical restraint is used in an emergency on a
person with a disability who is a [client]consumer of a
forensic facility, the use of the procedure must be reported as a denial of
rights pursuant to NRS 433.534, regardless of whether the use of the procedure
is authorized by statute. The report must be made not later than 1 working day
after the procedure is used.

5. As used in this section, “forensic facility” means a
secure facility of the Division for offenders and defendants with a mental
disorder who are ordered to the facility pursuant to chapter 178 of NRS.

Sec. 37. NRS
433.5503 is hereby amended to read as follows:

433.5503 1. Chemical restraint may only be used on a
person with a disability who is a [client]consumer if:

(a) The [client]consumer has been diagnosed as mentally ill,
as defined in NRS 433A.115, and is receiving mental health services from a
facility;

(b) The chemical restraint is administered to the [client]consumer while he or
she is under the care of the facility;

(c) An emergency exists that necessitates the use of
chemical restraint;

(d) A medical order authorizing the use of chemical
restraint is obtained from the [client’s]consumer’s attending physician or
psychiatrist;

(e) The physician or psychiatrist who signed the order
required pursuant to paragraph (d) examines the [client]consumer not later than
1 working day immediately after the administration of the chemical restraint;
and

(f) The chemical restraint is administered by a person
licensed to administer medication.

2. If chemical restraint is used on a person with a
disability who is a [client,]consumer, the use of the procedure must be
reported as a denial of rights pursuant to NRS 433.534, regardless of whether
the use of the procedure is authorized by statute. The report must be made not
later than 1 working day after the procedure is used.

Sec. 38. NRS
433.5506 is hereby amended to read as follows:

433.5506 1. Each facility shall develop a program of
education for the members of the staff of the facility to provide instruction
in positive behavioral interventions and positive behavioral supports that:

(a) Includes positive methods to modify the environment
of [clients]consumers to promote adaptive behavior and
reduce the occurrence of inappropriate behavior;

(b) Includes methods to teach skills to [clients]consumers so that [clients]consumers can
replace inappropriate behavior with adaptive behavior;

(c) Includes methods to enhance a [client’s]consumer’s independence
and quality of life;

(d) Includes the use of the least intrusive methods to
respond to and reinforce the behavior of [clients;]consumers; and

(e) Offers a process for designing interventions based
upon the [client]consumer that are focused on promoting
appropriate changes in behavior as well as enhancing the overall quality of
life for the [client.] consumer.

2. Each facility shall provide appropriate training for
the members of the staff of the facility who are authorized to carry out and
monitor physical restraint, mechanical restraint and chemical restraint to
ensure that those members of the staff are competent and qualified to carry out
the procedures in accordance with NRS 433.545 to 433.551, inclusive.

Sec. 39. NRS
433.554 is hereby amended to read as follows:

433.554 1. An employee of a public or private mental
health facility or any other person, except a [client,]consumer, who:

(a) Has reason to believe that a [client]consumer of the
Division or of a private facility offering mental health services has been or
is being abused or neglected and fails to report it;

(b) Brings intoxicating beverages or a controlled
substance into any division facility occupied by [clients]consumers unless
specifically authorized to do so by the administrative officer or a staff
physician of the facility;

(c) Is under the influence of liquor or a controlled
substance while employed in contact with [clients,]consumers, unless in
accordance with a lawfully issued prescription;

(d) Enters into any transaction with a [client]consumer involving
the transfer of money or property for personal use or gain at the expense of
the [client;]consumer; or

(e) Contrives the escape, elopement or absence of a [client,] consumer,

Ê is guilty of
a misdemeanor, in addition to any other penalties provided by law.

2. In addition to any other penalties provided by law,
an employee of a public or private mental health facility or any other person,
except a [client,]consumer, who willfully abuses or neglects a [client:] consumer:

(a) For a first violation that does not result in
substantial bodily harm to the [client,]consumer, is guilty of a gross misdemeanor.

(b) For a first violation that results in substantial
bodily harm to the [client,]consumer, is guilty of a category B felony.

(c) For a second or subsequent violation, is guilty of a
category B felony.

Ê A person
convicted of a category B felony pursuant to this section shall be punished by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 6 years, or by a fine of not more than $5,000,
or by both fine and imprisonment.

3. A person who is convicted pursuant to this section
is ineligible for 5 years for appointment to or employment in a position in the
state service and, if the person is an officer or employee of the State, the
person forfeits his or her office or position.

4. A conviction pursuant to this section is, when
applicable, grounds for disciplinary action against the person so convicted and
the facility where the violation occurred. The Division may recommend to the
appropriate agency or board the suspension or revocation of the professional
license, registration, certificate or permit of a person convicted pursuant to
this section.

5. For the purposes of this section:

(a) “Abuse” means any willful and unjustified infliction
of pain, injury or mental anguish upon a [client,]consumer, including,
but not limited to:

(1) The rape, sexual assault or sexual
exploitation of the [client;] consumer;

(2) The use of any type of aversive intervention;

(3) Except as otherwise provided in NRS 433.5486,
a violation of NRS 433.549; and

(4) The use of physical, chemical or mechanical
restraints or the use of seclusion in violation of federal law.

Ê Any act
which meets the standard of practice for care and treatment does not constitute
abuse.

(b) [“Client”]“Consumer” includes any person who seeks, on
the person’s own or others’ initiative, and can benefit from, care, treatment
and training in a public or private institution or facility offering mental
health services, or from treatment to competency in a public or private
institution or facility offering mental health services. The term includes a [client]consumer of the
Division of Child and Family Services of the Department.

(c) “Neglect” means any omission to act which causes
injury to a [client]consumer or which places the [client]consumer at risk of
injury, including, but not limited to, the failure to follow:

(1) An appropriate plan of treatment to which the [client]consumer has
consented; and

(2) The policies of the facility for the care and
treatment of [clients.] consumers.

Ê Any omission
to act which meets the standard of practice for care and treatment does not
constitute neglect.

(d) “Standard of practice” means the skill and care
ordinarily exercised by prudent professional personnel engaged in health care.

Sec. 40. NRS 433A.016
is hereby amended to read as follows:

433A.016 “Division facility” means:

1. Except as otherwise provided in subsection 2, any
unit or subunit operated by the Division of Mental Health and Developmental
Services of the Department for the care, treatment and training of [clients.] consumers.

2. Any unit or subunit operated by the Division of
Child and Family Services of the Department pursuant to chapter 433B of NRS.

Sec. 41. NRS
433A.030 is hereby amended to read as follows:

433A.030 The administrative officers have the following
powers and duties, subject to the administrative supervision of the
Administrator:

1. To exercise general supervision of and establish
regulations for the government of the facilities designated by the
Administrator;

2. To be responsible for and supervise the fiscal
affairs and responsibilities of the facilities designated by the Administrator;

3. To appoint such medical, technical, clerical and
operational staff as the execution of his or her duties, the care and treatment
of [clients]consumers and the maintenance and operation of
the facilities designated by the Administrator may require;

4. To make reports to the Administrator, and to supply
the Administrator with material on which to base proposed legislation;

5. To keep complete and accurate records of all
proceedings, record and file all bonds and contracts, and assume responsibility
for the custody and preservation of all papers and documents pertaining to his
or her office;

6. To inform the public in regard to the activities and
operation of the facilities;

7. To invoke any legal, equitable or special procedures
for the enforcement of his or her orders or the enforcement of the provisions
of this title and other statutes governing the facilities;

8. To submit an annual report to the Administrator on
the condition, operation, functioning and anticipated needs of the facilities;
and

9. To assume responsibility for the nonmedical care and
treatment of [clients]consumers if that responsibility has not been
delegated.

Sec. 42. NRS
433A.080 is hereby amended to read as follows:

433A.080 1. A coordinator of medical programs is the
medical head of any division facility designated by the Administrator. The
coordinator of medical programs:

(a) Must be a psychiatrist licensed to practice medicine
or, in the case of a treatment facility authorized by paragraph (b) of
subsection 1 of NRS 433B.290, a psychiatrist or a pediatrician licensed to
practice medicine.

(b) May be a psychiatrist or pediatrician in private
practice under contract to the Division.

(c) Must have such additional qualifications as are in
accordance with criteria prescribed by the Department of Personnel and must be
in the unclassified service of the State.

(b) Have standard medical histories currently maintained
on all [clients,]consumers, and administer or have administered
the accepted and appropriate medical treatments to all [clients]consumers under his
or her care, and may, by delegation of the administrative officer, be
responsible for the nonmedical care and treatment of [clients;]consumers; and

(c) Undertake any diagnostic, medical or surgical
procedure in the interest of the [client,]consumer, but only in
accordance with the provisions of subsection 1 of NRS 433.484.

Sec. 43. NRS
433A.110 is hereby amended to read as follows:

433A.110 1. The administrative officer of a division
mental health facility which provides treatment for inpatients may cause to be
established a canteen operated for the benefit of [clients]consumers and
employees of the facility. So far as practical within good business practices,
the prices of commodities sold must approximate costs. The administrative
officer shall cause to be kept a record of transactions in the operation of the
canteen.

2. The Administrator may designate money from budgeted
resources in appropriate amounts to each such facility for the establishment
and operation of canteens. The money must be used to supplement the financial
operation of the canteens, if required, to provide money for needy [clients’]consumers’ canteen
privileges, and to provide for such other expenditures benefiting the [clients]consumers of such
division facilities as the respective administrative officers may deem
necessary. All proceeds of sale collected must be deposited with the State
Treasurer for credit to the appropriate operating account of the mental health
facility. The operating account must separately identify in the record of
transactions the proceeds of sale collected, the amount of budgeted resources
used, and the total amount expended for the operations of the canteen. All
proceeds of sale collected must be used for the operation of the canteen.
Proceeds of sale collected which exceed the amount necessary to maintain the
operation of the canteens must be used to benefit the [clients.] consumers.

3. An appropriate sum may be maintained as petty cash
at each canteen.

4. The respective administrative officers may cause to
be appointed such staff as are necessary for the proper operation of the
canteens.

Sec. 44. NRS
433A.140 is hereby amended to read as follows:

433A.140 1. Any person may apply to:

(a) A public or private mental health facility in the
State of Nevada for admission to the facility; or

(b) A division facility to receive care, treatment or
training provided by the Division,

Ê as a
voluntary [client]consumer for the purposes of observation,
diagnosis, care and treatment. In the case of a person who has not attained the
age of majority, application for voluntary admission or care, treatment or
training may be made on his or her behalf by the person’s spouse, parent or
legal guardian.

2. If the application is for admission to a division
facility, or for care, treatment or training provided by the Division, the
applicant must be admitted or provided such services as a voluntary [client]consumer if an
examination by personnel of the facility qualified to make such a determination
reveals that the person needs and may benefit from services offered by the
mental health facility.

3. Any person admitted to a public or private mental
health facility as a voluntary [client]consumer must be released immediately after
the filing of a written request for release with the responsible physician or
that physician’s designee within the normal working day, unless, within 24
hours after the request, the facility changes the status of the person to an
emergency admission pursuant to NRS 433A.145. When a person is released
pursuant to this subsection, the facility and its agents and employees are not
liable for any debts or contractual obligations, medical or otherwise, incurred
or damages caused by the actions of the person.

4. Any person admitted to a public or private mental
health facility as a voluntary [client]consumer who has not requested release may
nonetheless be released by the medical director of the facility when examining
personnel at the facility determine that the [client]consumer has
recovered or has improved to such an extent that the [client]consumer is not
considered a danger to himself or herself or others and that the services of
that facility are no longer beneficial to the [client]consumer or
advisable.

5. A person who requests care, treatment or training
from the Division pursuant to this section must be evaluated by the personnel
of the Division to determine whether the person is eligible for the services
offered by the Division. The evaluation must be conducted:

(a) Within 72 hours if the person has requested
inpatient services; or

(b) Within 72 regular operating hours, excluding
weekends and holidays, if the person has requested community-based or
outpatient services.

6. This section does not preclude a public facility
from making decisions, policies, procedures and practices within the limits of
the money made available to the facility.

Sec. 45. NRS
433A.145 is hereby amended to read as follows:

433A.145 1. If a person with mental illness is admitted
to a public or private mental health facility or hospital as a voluntary [client,]consumer, the
facility or hospital shall not change the status of the person to an emergency
admission unless the hospital or facility receives, before the change in status
is made, an application for an emergency admission pursuant to NRS 433A.160 and
the certificate of a psychiatrist, psychologist or physician pursuant to NRS
433A.170.

2. A person whose status is changed pursuant to
subsection 1 must not be detained in excess of 48 hours after the change in
status is made unless, before the close of the business day on which the 48
hours expires, a written petition is filed with the clerk of the district court
pursuant to NRS 433A.200.

3. If the period specified in subsection 2 expires on a
day on which the office of the clerk of the district court is not open, the
written petition must be filed on or before the close of the business day next
following the expiration of that period.

Sec. 46. NRS
433A.350 is hereby amended to read as follows:

433A.350 1. Upon admission to any public or private
mental health facility, each [client]consumer of the facility and the [client’s]consumer’s spouse
and legal guardian, if any, must receive a written statement outlining in
simple, nontechnical language all procedures for release provided by this
chapter, setting out all rights accorded to such a [client]consumer by this
chapter and chapters 433 and 433B of NRS and, if the [client]consumer has no
legal guardian, describing procedures provided by law for adjudication of
incompetency and appointment of a guardian for the [client.] consumer.

2. Written information regarding the services provided
by and means of contacting the local office of an agency or organization that
receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et
seq., to protect and advocate the rights of persons with mental illnesses must
be posted in each public and private mental health facility and provided to
each [client]consumer of such a facility upon admission.

Sec. 47. NRS
433A.360 is hereby amended to read as follows:

433A.360 1. A clinical record for each [client]consumer must be
diligently maintained by any division facility or private institution or
facility offering mental health services. The record must include information
pertaining to the [client’s]consumer’s admission, legal status, treatment
and individualized plan for habilitation. The clinical record is not a public
record and no part of it may be released, except:

(a) If the release is authorized or required pursuant to
NRS 439.538.

(b) The record must be released to physicians, attorneys
and social agencies as specifically authorized in writing by the [client,]consumer, the [client’s]consumer’s parent,
guardian or attorney.

(c) The record must be released to persons authorized by
the order of a court of competent jurisdiction.

(d) The record or any part thereof may be disclosed to a
qualified member of the staff of a division facility, an employee of the
Division or a member of the staff of an agency in Nevada which has been
established pursuant to the Developmental Disabilities Assistance and Bill of
Rights Act of 2000, 42 U.S.C. §§ 15001 et seq., or the Protection and Advocacy
for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et seq., when the
Administrator deems it necessary for the proper care of the [client.] consumer.

(e) Information from the clinical records may be used
for statistical and evaluative purposes if the information is abstracted in
such a way as to protect the identity of individual [clients.] consumers.

(f) To the extent necessary for a [client]consumer to make a
claim, or for a claim to be made on behalf of a [client]consumer for aid,
insurance or medical assistance to which the [client]consumer may be
entitled, information from the records may be released with the written
authorization of the [client]consumer or the [client’s]consumer’s guardian.

(g) The record must be released without charge to any
member of the staff of an agency in Nevada which has been established pursuant
to 42 U.S.C. §§ 15001 et seq. or 42 U.S.C. §§ 10801 et seq. if:

(1) The [client]consumer is a [client]consumer of that office
and the [client]consumer or the [client’s]consumer’s legal
representative or guardian authorizes the release of the record; or

(2) A complaint regarding a [client]consumer was
received by the office or there is probable cause to believe that the [client]consumer has been
abused or neglected and the [client:] consumer:

(I) Is unable to authorize the release of the
record because of the [client’s]consumer’s mental or physical condition; and

(II) Does not have a guardian or other legal
representative or is a ward of the State.

(h) The record must be released as provided in NRS
433.332 or 433B.200 and in chapter 629 of NRS.

2. As used in this section, [“client”]“consumer” includes
any person who seeks, on the person’s own or others’ initiative, and can
benefit from, care, treatment and training in a private
institution or facility offering mental health services, or from treatment to
competency in a private institution or facility offering mental health
services.

care, treatment and training in a private institution or
facility offering mental health services, or from treatment to competency in a
private institution or facility offering mental health services.

Sec. 48. NRS
433A.370 is hereby amended to read as follows:

433A.370 1. When a [client]consumer committed
by a court to a division facility on or before June 30, 1975, or a [client]consumer who is
judicially admitted on or after July 1, 1975, or a person who is involuntarily
detained pursuant to NRS 433A.145 to 433A.300, inclusive, escapes from any
division facility, or when a judicially admitted [client]consumer has not
returned to a division facility from conditional release after the
administrative officer of the facility has ordered the [client]consumer to do so,
any peace officer shall, upon written request of the administrative officer or
the administrative officer’s designee and without the necessity of a warrant or
court order, apprehend, take into custody and deliver the person to such
division facility or another state facility.

2. Any person appointed or designated by the Director
of the Department to take into custody and transport to a division facility
persons who have escaped or failed to return as described in subsection 1 may
participate in the apprehension and delivery of any such person, but may not
take the person into custody without a warrant.

Sec. 49. NRS
433A.390 is hereby amended to read as follows:

433A.390 1. When a [client,]consumer, involuntarily
admitted to a mental health facility by court order, is released at the end of
the time specified pursuant to NRS 433A.310, written notice must be given to
the admitting court and to the [client’s]consumer’s legal guardian at least 10 days
before the release of the [client.]consumer. The [client]consumer may then be
released without requiring further orders of the court. If the [client]consumer has a legal
guardian, the facility shall notify the guardian before discharging the [client]consumer from the
facility. The legal guardian has discretion to determine where the [client]consumer will be
released, taking into consideration any discharge plan proposed by the facility
assessment team. If the legal guardian does not inform the facility as to where
the [client]consumer will be released within 3 days after
the date of notification, the facility shall discharge the [client]consumer according
to its proposed discharge plan.

2. An involuntarily court-admitted [client]consumer may be
unconditionally released before the period specified in NRS 433A.310 when:

(a) An evaluation team established under NRS 433A.250 or
two persons professionally qualified in the field of psychiatric mental health,
at least one of them being a physician, determines that the [client]consumer has
recovered from his or her mental illness or has improved to such an extent that
the [client]consumer is no longer considered to present a
clear and present danger of harm to himself or herself or others; and

(b) Under advisement from the evaluation team or two
persons professionally qualified in the field of psychiatric mental health, at
least one of them being a physician, the medical director of the mental health
facility authorizes the release and gives written notice to the admitting court
and to the [client’s]consumer’s legal guardian at least 10 days
before the release of the [client.]consumer. If the [client]consumer has a legal
guardian, the facility shall notify the guardian before discharging the [client]consumer from the
facility. The legal guardian has discretion to determine where the [client]consumer will be
released, taking into consideration any discharge plan
proposed by the facility assessment team.

plan proposed by the facility assessment team. If the legal
guardian does not inform the facility as to where the [client]consumer will be
released within 3 days after the date of notification, the facility shall
discharge the [client]consumer according to its proposed discharge
plan.

Sec. 50. NRS
433A.420 is hereby amended to read as follows:

433A.420 The medical director of a division facility
may order the transfer to a hospital of the Department of Veterans Affairs or
other facility of the United States Government any admitted [client]consumer eligible
for treatment therein. If the [client]consumer in any manner objects to the
transfer, the medical director of the facility shall enter the objection and a
written justification of the transfer in the [client’s]consumer’s record
and forward a notice of the objection to the Administrator, and the Commission
shall review the transfer pursuant to subsections 2 and 3 of NRS 433.534.

Sec. 51. NRS
433A.480 is hereby amended to read as follows:

433A.480 1. The medical director of a division mental
health facility shall have all persons adjudicated as persons with mental
incompetence of that facility automatically evaluated no less than once every 6
months to determine whether or not there is sufficient cause to believe that
the [client]consumer remains unable to exercise rights to
dispose of property, marry, execute instruments, make purchases, enter into
contractual relationships, vote or hold a driver’s license.

2. If the medical director has sufficient reason to
believe that the [client]consumer remains unable to exercise these
rights, such information shall be documented in the [client’s]consumer’s treatment
record.

3. If there is no such reason to believe the [client]consumer is unable
to exercise these rights, the medical director shall immediately initiate
proper action to cause to have the [client]consumer restored to
legal capacity.

Sec. 52. NRS
433A.580 is hereby amended to read as follows:

433A.580 No person may be admitted to a private
hospital or division mental health facility pursuant to the provisions of this
chapter unless mutually agreeable financial arrangements relating to the costs
of treatment are made between the private hospital or division facility and the
[client]consumer or person requesting his or her
admission.

Sec. 53. NRS
433A.590 is hereby amended to read as follows:

433A.590 1. Fees for the cost of treatment and
services rendered through any division facility must be established pursuant to
the fee schedule established under NRS 433.404 or 433B.250, as appropriate.

2. The maximum fee established by the schedule must
approximate the actual cost per [client]consumer for the class of [client]consumer care
provided.

3. The fee schedule must allow for a [client]consumer to pay a
portion of the actual cost if it is determined that the [client]consumer and his or
her responsible relatives pursuant to NRS 433A.610 are unable to pay the full
amount. That determination must be made pursuant to NRS 433A.640 and 433A.650.

4. Any reduction pursuant to subsection 3 of the amount
owed must not be calculated until all of the benefits available to the [client]consumer from
third-party sources, other than Medicaid, have been applied to pay the actual
cost for the care provided.

Sec. 54. NRS
433A.630 is hereby amended to read as follows:

433A.630 1. The administrative officers of the
respective division facilities may enter into special agreements secured by
properly executed bonds with the relatives, guardians or
friends of [clients] consumers who are adjudicated to be [clients] consumers
with mental incompetence for subsistence, care or other expenses of such
[clients.]

bonds with the relatives, guardians or friends of [clients]consumers who are
adjudicated to be [clients]consumers with mental incompetence for
subsistence, care or other expenses of such [clients.]consumers. Each
agreement and bond must be to the State of Nevada and any action to enforce the
agreement or bond may be brought by the administrative officer.

2. Financially responsible relatives pursuant to NRS
433A.610 and the guardian of the estate of a [client]consumer may, from
time to time, pay money to the division facility for the future personal needs
of the [client]consumer with mental incompetence and for the [client’s]consumer’s burial
expenses. Money paid pursuant to this subsection must be credited to the [client]consumer in the [clients’]consumers’ personal
deposit fund established pursuant to NRS 433.539.

Sec. 55. NRS
433A.650 is hereby amended to read as follows:

433A.650 Determination of ability to pay pursuant to
NRS 433A.640 shall include investigation of whether the [client]consumer has
benefits due and owing to the [client]consumer for the cost of his or her treatment
from third-party sources, such as Medicare, Medicaid, social security, medical
insurance benefits, retirement programs, annuity plans, government benefits or
any other financially responsible third parties. The administrative officer of a
division mental health facility may accept payment for the cost of a [client’s]consumer’s treatment
from the [client’s]consumer’s insurance company, Medicare or
Medicaid and other similar third parties.

Sec. 56. NRS
433A.660 is hereby amended to read as follows:

433A.660 1. If the [client,]consumer, his or her
responsible relative pursuant to NRS 433A.610, guardian or the estate neglects
or refuses to pay the cost of treatment to the division facility rendering
service pursuant to the fee schedule established under NRS 433.404 or 433B.250,
as appropriate, the State is entitled to recover by appropriate legal action
all sums due, plus interest.

2. Before initiating such legal action, the division
facility shall demonstrate efforts at collection, which may include contractual
arrangements for collection through a private collection agency.

Sec. 57. NRS
433A.680 is hereby amended to read as follows:

433A.680 The expense of diagnostic, medical and surgical
services furnished to a [client]consumer admitted to a division facility by a
person not on the staff of the facility, whether rendered while the [client]consumer is in a
general hospital, an outpatient of a general hospital or treated outside any
hospital, must be paid by the [client,]consumer, the guardian or relatives
responsible pursuant to NRS 433A.610 for the [client’s]consumer’s care. In
the case of an indigent [client]consumer or a [client]consumer whose
estate is inadequate to pay the expenses, the expenses must be charged to the
county from which the admission to the division facility was made, if the [client]consumer had, before
admission, been a resident of that county. The expense of such diagnostic,
medical and surgical services must not in any case be a charge against or paid
by the State of Nevada, except when in the opinion of the administrative
officer of the division mental health facility to which the [client]consumer is admitted
payment should be made for nonresident indigent [clients]consumers and money
is authorized pursuant to NRS 433.374 or 433B.230 and the money is authorized
in approved budgets.

433A.690 Claims by a division mental health facility
against the estates of deceased [clients]consumers may be presented to the executor or
Administrator in the manner required by law, and shall be paid as preferred
claims equal to claims for expenses of last illness. When a deceased person has
been maintained at a division mental health facility at a rate less than the
maximum usually charged, or the facility has incurred other expenses for the benefit
of the person for which full payment has not been made, the estate of the
person shall be liable if the estate is discovered within 5 years after the
person’s death.

Sec. 59. NRS
433B.070 is hereby amended to read as follows:

433B.070 “Division facility” means any unit or subunit
operated by the Division for the care and treatment of [clients.] consumers.

Sec. 60. NRS
433B.130 is hereby amended to read as follows:

433B.130 1. The Administrator shall:

(a) Administer, in accordance with the policies
established by the Commission, the programs of the Division for the mental
health of children.

(b) Establish appropriate policies to ensure that
children in division facilities have timely access to clinically appropriate
psychotropic medication that are consistent with the policies established
pursuant to NRS 432B.197.

2. The Administrator may:

(a) Appoint the administrative personnel necessary to
operate the programs of the Division for the mental health of children.

(b) Delegate to the administrative officers the power to
appoint medical, technical, clerical and operational staff necessary for the
operation of any division facilities.

3. If the Administrator finds that it is necessary or
desirable that any employee reside at a facility operated by the Division or
receive meals at such a facility, perquisites granted or charges for services
rendered to that person are at the discretion of the Director of the Department.

4. The Administrator may accept children referred to
the Division for treatment pursuant to the provisions of NRS 458.290 to
458.350, inclusive.

5. The Administrator may enter into agreements with the
Administrator of the Division of Mental Health and Developmental Services of
the Department for the care and treatment of [clients]consumers of the
Division of Child and Family Services at any facility operated by the Division
of Mental Health and Developmental Services.

Sec. 61. NRS
433B.150 is hereby amended to read as follows:

433B.150 1. The Division shall employ such physicians
within the various division facilities as are necessary for the operation of
the facilities. The physicians must hold degrees of doctor of medicine from
accredited medical schools and be licensed to practice medicine in Nevada.

2. Except as otherwise provided by law, the only
compensation allowed such a physician is an annual salary, fixed in accordance
with the pay plan adopted pursuant to the provisions of NRS 284.175.

3. The physicians shall perform such duties pertaining
to the care and treatment of [clients]consumers as may be required.

Sec. 62. NRS
433B.190 is hereby amended to read as follows:

433B.190 1. The Division shall adopt regulations to:

(a) Provide for a more detailed definition of abuse of a
[client,]consumer, consistent with the general
definition given in NRS 433B.340;

(b) Provide for a more detailed definition of neglect of
a [client,]consumer, consistent with the general
definition given in NRS 433B.340; and

(c) Establish policies and procedures for reporting the
abuse or neglect of a [client.] consumer.

2. The regulations adopted pursuant to this section
must, to the extent possible and appropriate, be consistent with the
regulations adopted by the Division of Mental Health and Developmental Services
of the Department pursuant to NRS 433.331.

Sec. 63. NRS
433B.200 is hereby amended to read as follows:

433B.200 1. If a [client]consumer in a
division facility is transferred to another division facility or to a medical
facility, a facility for the dependent or a physician licensed to practice
medicine, the division facility shall forward a copy of the medical records of
the [client,]consumer, on or before the date the [client]consumer is
transferred, to the facility or physician. Except as otherwise required by 42
U.S.C. [§§ 290dd-3 and 290ee-3,]§ 290dd-2, the division
facility is not required to obtain the oral or written consent of the [client]consumer to forward
a copy of the medical records.

2. As used in this section, “medical records” includes
a medical history of the [client,]consumer, a summary of the current physical
condition of the [client]consumer and a discharge summary which
contains the information necessary for the proper treatment of the [client.] consumer.

Sec. 64. NRS
433B.210 is hereby amended to read as follows:

433B.210 The Division may:

1. By contract with general hospitals or other
institutions having adequate facilities in this State, provide for inpatient
care of [clients]consumers with mental illness.

2. Contract with appropriate persons professionally
qualified in the field of psychiatric mental health to provide inpatient and
outpatient care for children with mental illness when it appears that they can
be treated best in that manner.

Sec. 65. NRS
433B.250 is hereby amended to read as follows:

433B.250 1. The Division shall establish a fee
schedule for services rendered through any program supported by the State
pursuant to the provisions of this chapter. The schedule must be submitted to
the Commission and the Director of the Department for joint approval before
enforcement. The fees collected by facilities operated by the Division pursuant
to this schedule must be deposited in the State Treasury to the credit of the
State General Fund, except as otherwise provided in NRS 433B.220 for fees
collected pursuant to contract or agreement.

2. For a facility providing services for the treatment
of children with mental illness, the fee established must approximate the cost
of providing the service, but if a [client,]consumer, or the
parent or legal guardian of the [client,]consumer, is unable to pay in full the fee
established pursuant to this section, the Division may collect any amount the [client,]consumer, parent or
legal guardian is able to pay.

Sec. 66. NRS
433B.280 is hereby amended to read as follows:

433B.280 1. Upon the death of a [client]consumer in a
division facility, any known relatives or friends of the [client]consumer must be
notified immediately of the fact of death.

2. The Administrator or the Administrator’s designee
shall cause a decent burial to be provided for the [client]consumer outside the
grounds of a division facility. The Administrator or the designee may enter
into a contract with any person or persons, including governmental agencies or
other instrumentalities, as the Administrator or the designee deems proper, for
a decent burial. Where there are known relatives, and they are financially
able, the cost of burial must be borne by the relatives. Where there are no
known relatives, the cost of burial is a charge against the State of Nevada,
except that the cost must not exceed the amount charged for the burial of
indigents in the county in which the burial takes place.

Sec. 67. NRS
433B.340 is hereby amended to read as follows:

433B.340 1. An employee of the Division or other
person who:

(a) Has reason to believe that a [client]consumer has been or
is being abused or neglected and fails to report it;

(b) Brings intoxicating beverages or a controlled
substance into any building occupied by [clients]consumers unless
specifically authorized to do so by the administrative officer or a staff
physician of the facility;

(c) Is under the influence of liquor or a controlled substance
while employed in contact with [clients,]consumers, unless in accordance with a
lawfully issued prescription;

(d) Enters into any transaction with a [client]consumer involving
the transfer of money or property for personal use or gain at the expense of
the [client;]consumer; or

(e) Contrives the escape, elopement or absence of a [client,] consumer,

Ê is guilty of
a misdemeanor.

2. An employee of the Division or other person who
willfully abuses or neglects any [client:] consumer:

(a) If no substantial bodily harm to the [client]consumer results, is
guilty of a gross misdemeanor.

(b) If substantial bodily harm to the [client]consumer results, is
guilty of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a maximum term of
not more than 6 years, or by a fine of not more than $5,000, or by both fine
and imprisonment.

3. A person who is convicted pursuant to this section
is ineligible for 5 years for appointment to or employment in a position in the
state service and, if he or she is an officer or employee of the State, the
person forfeits his or her office or position.

4. For the purposes of this section:

(a) “Abuse” means any willful or reckless act or
omission to act which causes physical or mental injury to a [client,]consumer, including,
but not limited to:

(1) The rape, sexual assault or sexual
exploitation of the [client;] consumer;

(2) Striking the [client;] consumer;

(3) The use of excessive force when placing the [client]consumer in physical
restraints; and

(4) The use of physical or chemical restraints in
violation of state or federal law.

Ê Any act or
omission to act which meets the standard practice for care and treatment does
not constitute abuse.

435.007 As used in this chapter, unless the context
otherwise requires:

1. “Child” means any person under the age of 18 years
who may be eligible for mental retardation services or services for a related
condition.

2. “Parent” means the parent of a child. The term does
not include the parent of a person who has attained the age of 18 years.

3. “Person” includes a child and any other [client]consumer with mental
retardation or a related condition who has attained the age of 18 years.

4. “Residential facility for groups” means a structure
similar to a private residence which will house a small number of persons in a
homelike atmosphere.

Sec. 69.NRS
435.122 is hereby amended to read as follows:

435.122 1. Any person with mental retardation or a
person with a related condition may apply to any mental retardation center for
admission as a voluntary [client.]consumer. The person’s parent or guardian or
another responsible person may submit the application on his or her behalf.

2. If the person or a responsible party on behalf of
the person objects to voluntary admission, the procedure for involuntary
admission may be followed.

Sec. 70. NRS
435.128 is hereby amended to read as follows:

435.128 1. Upon completion of the proceedings for
involuntary admission of a person to a mental retardation center, if the court
finds:

(a) That the person is a person with mental retardation
or a person with a related condition, has demonstrated that the person is a
clear and present danger to himself or herself or others and is in need of
institutional training and treatment;

(b) That appropriate space and programs are available at
the mental retardation center to which it is proposed that the person be
admitted; and

(c) That there is no less restrictive alternative to
admission to a mental retardation center which would be consistent with the
best interests of the person,

Ê the court
shall by written order certify that the person is eligible for involuntary
admission to a mental retardation center.

2. A certificate of eligibility for involuntary
admission expires 12 months after the date of issuance if the [client]consumer has not
been discharged earlier by the procedure provided in NRS 435.129. At the end of
the 12-month period, the administrative officer of the mental retardation
center may petition the court to renew the certificate for an additional period
of not more than 12 months.

of not more than 12 months. Each petition for renewal must
set forth the specific reasons why further treatment is required. A certificate
may be renewed more than once.

Sec. 71. NRS
435.129 is hereby amended to read as follows:

435.129 1. If the administrative officer of a mental
retardation center finds that a [client]consumer is no longer in need of the services
offered at the center, the administrative officer shall discharge that [client.] consumer.

2. A written notice of the discharge must be given to
the [client]consumer and the [client’s]consumer’s representatives
at least 10 days before the discharge.

3. If the [client]consumer was admitted
involuntarily, the Administrator shall, at least 10 days before the discharge,
notify the district court which issued the certificate of eligibility for the
person’s admission.

Sec. 72. NRS
435.350 is hereby amended to read as follows:

435.350 1. Each person with mental retardation and
each person with a related condition admitted to a division facility is
entitled to all rights enumerated in NRS 433.482, 433.484 and 433.545 to
433.551, inclusive.

2. The Administrator shall designate a person or persons
to be responsible for establishment of regulations relating to denial of rights
of persons with mental retardation and persons with related conditions. The
person designated shall file the regulations with the Administrator.

3. [Clients’]Consumers’ rights specified in NRS 433.482 and
433.484 may be denied only for cause. Any denial of such rights must be entered
in the [client’s]consumer’s treatment record, and notice of the
denial must be forwarded to the Administrator’s designee or designees as provided
in subsection 2. Failure to report denial of rights by an employee may be
grounds for dismissal.

4. Upon receipt of notice of a denial of rights as
provided in subsection 3, the Administrator’s designee or designees shall cause
a full report to be prepared which sets forth in detail the factual
circumstances surrounding the denial. A copy of the report must be sent to the
Administrator and the Commission.

5. The Commission has such powers and duties with
respect to reports of denial of rights as are enumerated in subsection 3 of NRS
433.534.

Sec. 73. NRS
435.360 is hereby amended to read as follows:

435.360 1. The relatives of a [client]consumer with mental
retardation or a [client]consumer with a related condition who is 18
years of age or older are not responsible for the costs of the [client’s]consumer’s care and
treatment within a division facility.

2. The [client]consumer or the [client’s]consumer’s estate,
when able, may be required to contribute a reasonable amount toward the costs
of the [client’s]consumer’s care and treatment. Otherwise, the
full costs of the services must be borne by the State.

Sec. 74. NRS
435.390 is hereby amended to read as follows:

435.390 1. The administrative officer of any division
facility where persons with mental retardation or persons with related
conditions reside may establish a canteen operated for the benefit of [clients]consumers and
employees of the facility. The administrative officer shall keep a record of
transactions in the operation of the canteen.

2. Each canteen must be self-supporting. No money
provided by the State may be used for its operation.

3. The respective administrative officers shall deposit
the money used for the operation of the canteen in one or more banks or credit
unions of reputable standing, except that an appropriate sum may be maintained
as petty cash at each canteen.

Sec. 76. The Legislative Counsel shall, in preparing
supplements to the Nevada Administrative Code, appropriately change, move or
remove any words and terms in the Nevada Administrative Code in a manner that
the Legislative Counsel determines necessary to ensure consistency with the
provisions of this act.

Sec. 77. This act becomes effective upon passage and
approval for the purpose of adopting regulations and on January 1, 2012, for
all other purposes.

________

CHAPTER 100, SB 74

Senate Bill No. 74–Committee on Government Affairs

CHAPTER 100

[Approved:
May 24, 2011]

AN ACT relating to
state financial administration; changing the designation of certain funds and
accounts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

This bill changes the designation of various state funds
and accounts in existing law.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
353.266 is hereby amended to read as follows:

353.266 1. The Contingency [Fund]Account is hereby
created [as a special revenue fund.]in the State General Fund. Money
for the [Fund]Account must be provided by direct legislative
appropriation.

2. Money in the Contingency [Fund]Account may be
allocated and expended within the limitations and in the manner provided in NRS
353.268, 353.269 and 538.650 or by the Legislature directly:

(a) For emergency use to supplement regular legislative
appropriations which fail to cover unforeseen expenses;

(b) To meet expenses pursuant to the requirements of the
law; or

(c) As provided by specific statute.

Sec. 2. NRS
353.2735 is hereby amended to read as follows:

353.2735 1. The Disaster Relief Account is hereby
created [as a special account in the Fund to Stabilize the Operation
of the State Government.] in the State General Fund. The Interim
Finance Committee shall administer the Disaster Relief Account.

2. The Division may accept grants, gifts or donations
for deposit in the Disaster Relief
Account. Except as otherwise provided in subsection 3, money
received from:

(a) A direct legislative appropriation to the Disaster Relief Account;

(b) A transfer from the State General Fund in an amount
equal to not more than 10 percent of the aggregate balance in the [Fund] Account to Stabilize the
Operation of the State Government[,
excluding the aggregate balance in the Disaster Relief Account and the
Emergency Assistance Subaccount,] made pursuant to NRS
353.288; and

(c) A grant, gift or donation to the Disaster Relief Account,

Ê must be
deposited in the Disaster Relief Account.
Except as otherwise provided in NRS 414.135, the interest and income earned on
the money in the Disaster Relief Account
must, after deducting any applicable charges, be credited to the Disaster Relief Account.

3. If, at the end of each quarter of a fiscal year, the
balance in the Disaster Relief Account
exceeds 0.75 percent of the total amount of all appropriations from the State
General Fund for the operation of all departments, institutions and agencies of
State Government and authorized expenditures from the State General Fund for
the regulation of gaming for that fiscal year, the State Controller shall not,
until the balance in the Disaster
Relief Account is 0.75 percent or less of that amount, transfer
any money in the [Fund] Account to Stabilize the Operation of the
State Government from the State General Fund to the Disaster Relief Account pursuant to the
provisions of NRS 353.288.

4. Money in the Disaster Relief Account may be used for any
purpose authorized by the Legislature or distributed through grants and loans
to state agencies and local governments as provided in NRS 353.2705 to
353.2771, inclusive. Except as otherwise provided in NRS 353.276, such grants
will be disbursed on the basis of reimbursement of costs authorized pursuant to
NRS 353.274 and 353.2745.

5. If the Governor declares a disaster, the State Board
of Examiners shall estimate:

(a) The money in the Disaster Relief Account that is available for
grants and loans for the disaster pursuant to the provisions of NRS 353.2705 to
353.2771, inclusive; and

(b) The anticipated amount of those grants and loans for
the disaster.

Ê Except as
otherwise provided in this subsection, if the anticipated amount determined
pursuant to paragraph (b) exceeds the available money in the Disaster Relief Account
for such grants and loans, all grants and loans from the Disaster Relief Account for the disaster must
be reduced in the same proportion that the anticipated amount of the grants and
loans exceeds the money in the Disaster
Relief Account that is available for grants and loans for the
disaster. If the reduction of a grant or loan from the Disaster Relief Account would result in a reduction
in the amount of money that may be received by a state agency or local
government from the Federal Government, the reduction in the grant or loan must
not be made.

Sec. 3. NRS 353.288
is hereby amended to read as follows:

353.288 1. The [Fund]Account to Stabilize
the Operation of the State Government is hereby created [as a special revenue
fund.]in the
State General Fund. Except as otherwise provided in subsections 3
and 4, each year after the close of the previous fiscal year and before the
issuance of the State Controller’s annual report, the
State Controller shall transfer from the State General Fund to the [Fund]
Account to Stabilize the Operation of the State Government:

State Controller’s annual report, the State Controller shall
transfer from the State General Fund to the [Fund]Account to Stabilize
the Operation of the State Government:

(a) Forty percent of the unrestricted balance of the
State General Fund, as of the close of the previous fiscal year, which remains
after subtracting an amount equal to 7 percent of all appropriations made from
the State General Fund during that previous fiscal year for the operation of
all departments, institutions and agencies of State Government and for the
funding of schools; and

(b) Commencing with the fiscal year that begins on July
1, 2011, 1 percent of the total anticipated revenue for the fiscal year in
which the transfer will be made, as projected by the Economic Forum for that
fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as
adjusted by any legislation enacted by the Legislature that affects state
revenue for that fiscal year.

2. Money transferred pursuant to subsection 1 to the [Fund]Account to Stabilize
the Operation of the State Government is a continuing appropriation solely for
the purpose of authorizing the expenditure of the transferred money for the
purposes set forth in this section.

3. The balance in the [Fund]Account to Stabilize
the Operation of the State Government[, excluding the aggregate
balance in the Disaster Relief Account and the Emergency Assistance Subaccount,]
must not exceed 20 percent of the total of all appropriations from the State
General Fund for the operation of all departments, institutions and agencies of
the State Government and for the funding of schools and authorized expenditures
from the State General Fund for the regulation of gaming for the fiscal year in
which that revenue will be transferred to the [Fund]Account to Stabilize
the Operation of the State Government.

4. Except as otherwise provided in this subsection and
NRS 353.2735, beginning with the fiscal year that begins on July 1, 2003, the
State Controller shall, at the end of each quarter of a fiscal year, transfer
from the State General Fund to the Disaster Relief Account created pursuant to
NRS 353.2735 an amount equal to not more than 10 percent of the aggregate
balance in the [Fund]Account to Stabilize the Operation of the
State Government during the previous quarter . [, excluding the aggregate
balance in the Disaster Relief Account and the Emergency Assistance Subaccount
created pursuant to NRS 414.135.] The State Controller
shall not transfer more than $500,000 for any quarter pursuant to this
subsection.

5. The Chief of the Budget Division of the Department
of Administration may submit a request to the State Board of Examiners to
transfer money from the [Fund]Account to Stabilize the Operation of the
State Government to the State General Fund:

(a) If the total actual revenue of the State falls short
by 5 percent or more of the total anticipated revenue for the biennium in which
the transfer will be made, as determined by the Legislature, or the Interim
Finance Committee if the Legislature is not in session; or

(b) If the Legislature, or the Interim Finance Committee
if the Legislature is not in session, and the Governor declare that a fiscal
emergency exists.

6. The State Board of Examiners shall consider a
request made pursuant to subsection 5 and shall, if it finds that a transfer
should be made, recommend the amount of the transfer to the Interim Finance
Committee for its independent evaluation and action.

its independent evaluation and action. The Interim Finance
Committee is not bound to follow the recommendation of the State Board of
Examiners.

7. If the Interim Finance Committee finds that a
transfer recommended by the State Board of Examiners should and may lawfully be
made, the Committee shall by resolution establish the amount and direct the
State Controller to transfer that amount to the State General Fund. The State
Controller shall thereupon make the transfer.

8. In addition to the manner of allocation authorized
pursuant to subsections 5, 6 and 7, the money in the [Fund]Account to Stabilize
the Operation of the State Government may be allocated directly by the
Legislature to be used for any other purpose.

Sec. 4. NRS 2.490
is hereby amended to read as follows:

2.490 All gifts of money which the Supreme Court
Librarian is authorized to accept must be deposited in the [State Treasury in a fund
to be known as the] Supreme Court Law Library Gift [Fund.]Account, which is hereby created
in the State General Fund. The [Fund]Account is a
continuing [fund]account without reversion, and money in the [Fund]Account must be used
for Supreme Court Law Library purposes only and expended in accordance with the
terms of the gift.

Sec. 5. NRS
120A.610 is hereby amended to read as follows:

120A.610 1. Except as otherwise provided in
subsections 4 to 8, inclusive, all abandoned property other than money
delivered to the Administrator under this chapter must, within 2 years after
the delivery, be sold by the Administrator to the highest bidder at public sale
in whatever manner affords, in his or her judgment, the most favorable market
for the property. The Administrator may decline the highest bid and reoffer the
property for sale if the Administrator considers the bid to be insufficient.

2. Any sale held under this section must be preceded by
a single publication of notice, at least 3 weeks before sale, in a newspaper of
general circulation in the county in which the property is to be sold.

3. The purchaser of property at any sale conducted by
the Administrator pursuant to this chapter takes the property free of all
claims of the owner or previous holder and of all persons claiming through or
under them. The Administrator shall execute all documents necessary to complete
the transfer of ownership.

4. Except as otherwise provided in subsection 5, the
Administrator need not offer any property for sale if the Administrator
considers that the probable cost of the sale will exceed the proceeds of the
sale. The Administrator may destroy or otherwise dispose of such property or
may transfer it to:

(a) The Nevada State Museum Las Vegas, the Nevada State
Museum or the Nevada Historical Society, upon its written request, if the
property has, in the opinion of the requesting institution, historical,
artistic or literary value and is worthy of preservation; or

(b) A genealogical library, upon its written request, if
the property has genealogical value and is not wanted by the Nevada State
Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society.

Ê An action
may not be maintained by any person against the holder of the property because
of that transfer, disposal or destruction.

5. The Administrator shall transfer property to the
Office of Veterans’ Services, upon its written request, if the property has
military value.

6. Securities delivered to the Administrator pursuant
to this chapter may be sold by the Administrator at any time after the
delivery. Securities listed on an established stock exchange must be sold at
the prevailing price for that security on the exchange at the time of sale.
Other securities not listed on an established stock exchange may be sold:

(a) Over the counter at the prevailing price for that
security at the time of sale; or

(b) By any other method the Administrator deems
acceptable.

7. The Administrator shall hold property that was
removed from a safe-deposit box or other safekeeping repository for 1 year
after the date of the delivery of the property to the Administrator, unless
that property is a will or a codicil to a will, in which case the Administrator
shall hold the property for 10 years after the date of the delivery of the
property to the Administrator. If no claims are filed for the property within
that period and the Administrator determines that the probable cost of the sale
of the property will exceed the proceeds of the sale, it may be destroyed.

8. All proceeds received by the Administrator from
abandoned gift certificates must be accounted for separately in the Abandoned
Property Trust Account in the State General Fund. At the end of each fiscal
year, before any other money in the Abandoned Property Trust Account is
transferred pursuant to NRS 120A.620, the balance in the [account]subaccount created
pursuant to this subsection, less any costs, service charges or claims
chargeable to the [account,]subaccount, must be transferred to the
Educational Trust [Fund]Account, which is hereby created in the State [Treasury.]General Fund. The
money in the Educational Trust [Fund]Account may be expended only as authorized by
the Legislature for educational purposes.

Sec. 6. NRS 206.340
is hereby amended to read as follows:

206.340 1. The Graffiti Reward [Fund]Account is hereby
created in the State General Fund.

2. When a defendant pleads or is found guilty of
violating NRS 206.125, 206.330 or 206.335, the court shall include an
administrative assessment of $250 for each violation in addition to any other
fine or penalty. The money collected must be paid by the clerk of the court to
the State Controller on or before the fifth day of each month for the preceding
month for credit to the Graffiti Reward [Fund.] Account.

3. All money received pursuant to subsection 2 must be
deposited with the State Controller for credit to the Graffiti Reward [Fund.]Account. The money
in the [Fund]Account must be used:

(a) To pay a reward to a person who, in response to the
offer of a reward, provides information which results in the identification,
apprehension and conviction of a person who violates NRS 206.125, 206.330 or
206.335; or

(b) For any other purpose authorized by the Legislature.

4. If sufficient money is available in the Graffiti
Reward [Fund,]Account, a state law enforcement agency may
offer a reward, not to exceed $1,000, for information leading to the
identification, apprehension and conviction of a person who violates NRS
206.125, 206.330 or 206.335. The reward must be paid out of the Graffiti Reward
[Fund]Account upon approval by the State Board of
Examiners.

228.630 1. The Registry [Fund]Account is hereby
created [as a special revenue fund] in the State [Treasury]General Fund for the
use of the Attorney General.

2. All money collected by the Attorney General pursuant
to NRS 228.580 must be deposited in the State [Treasury]General Fund for
credit to the Registry [Fund.]Account. The interest and income earned on the
money in the Registry [Fund,]Account, after deducting any applicable
charges, must be credited to the Registry [Fund.] Account.

3. Expenditures from the Registry [Fund]Account must be made
only to administer and enforce the provisions of NRS 228.500 to 228.640,
inclusive.

4. The Attorney General shall administer the Registry [Fund.]Account. All claims
against the Registry [Fund]Account must be paid as other claims against
the State are paid.

5. Any money remaining in the Registry [Fund]Account at the end
of a fiscal year does not revert to the State General Fund, and the balance in
the Registry [Fund]Account must be carried forward to the next
fiscal year.

6. Each year, the Attorney General shall submit an
itemized statement of the income and expenditures for the Registry [Fund:] Account:

(a) To the Legislature, if the Legislature is in
session; or

(b) To the Interim Finance Committee, if the Legislature
is not in session.

Sec. 9. NRS 231.153
is hereby amended to read as follows:

231.153 1. The Nevada Economic Development [Fund]Account is hereby
created in the State [Treasury as a special revenue fund.] General Fund.

2. Except as otherwise provided in subsection 4, the
Nevada Economic Development [Fund]Account is a continuing [fund]account without
reversion. The money in the [Fund]Account must be invested as the money in other
state [funds]accounts is invested. The interest and income
earned on the money in the [Fund,]Account, after deducting any applicable
charges, must be credited to the [Fund.]Account. Claims against
the [Fund]Account must be paid as other claims against
the State are paid.

3. The Commission on Economic Development may accept
gifts, grants and donations from any source for deposit in the Nevada Economic
Development [Fund.] Account.

4. The State Board of Examiners may, upon making a
determination that any portion of any amount appropriated by the Legislature
for deposit in the [Fund]Account is necessary to meet existing or
future obligations of the State, recommend to the Interim Finance Committee
that the amount so needed be transferred from the [Fund]Account to the State
General Fund. Upon approval of the Interim Finance Committee, the money may be
so transferred.

Sec. 10. NRS
233C.095 is hereby amended to read as follows:

233C.095 1. The Nevada Cultural [Fund]Account is hereby
created [as a special revenue fund.]in the State General Fund. The
purposes of the [Fund]Account are to:

(a) Ensure a stable and healthy cultural climate in this
state;

(b) Advance and promote a meaningful role of the arts
and humanities in the lives of individual persons, families and communities
throughout this state; and

(c) Stimulate the provision of additional funding from
private sources to carry out the provisions of paragraphs (a) and (b).

Ê The money in
the [Fund]Account must be used to augment and must not
be used to replace or supplant any legislative appropriations to the Division.

2. Except as otherwise provided in subsection 4, the [Fund]Account is a
continuing [fund]account without reversion. The money in the [Fund]Account must be invested
as the money in other state [funds]accounts is invested. The interest and income
earned on the money in the [Fund,]Account, after deducting any applicable
charges, must be credited to the [Fund.]Account. Claims against
the [Fund]Account must be paid as other claims against
the State are paid.

3. The Division may accept gifts, grants and donations
from any source for deposit in the [Fund.] Account.

4. The State Board of Examiners may, upon making a
determination that any portion of any amount appropriated by the Legislature
for deposit in the [Fund]Account is necessary to meet existing or
future obligations of the State, recommend to the Interim Finance Committee
that the amount so needed be transferred from the [Fund]Account to the State
General Fund. Upon approval of the Interim Finance Committee, the money may be
so transferred.

Sec. 11. NRS
240.018 is hereby amended to read as follows:

240.018 1. The Secretary of State may:

(a) Provide courses of study for the mandatory training
of notaries public. Such courses of study must include at least 4 hours of
instruction relating to the functions and duties of notaries public.

(b) Charge a reasonable fee to each person who enrolls
in a course of study for the mandatory training of notaries public.

2. A course of study provided pursuant to this section
must comply with the regulations adopted pursuant to subsection 1 of NRS
240.017.

3. The following persons are required to enroll in and
successfully complete a course of study provided pursuant to this section:

(a) A person applying for appointment as a notary public
for the first time.

(b) A person renewing his or her appointment as a notary
public, if the appointment has expired for a period greater than 1 year.

(c) A person renewing his or her appointment as a notary
public, if during the immediately preceding 4 years the person has been fined
for failing to comply with a statute or regulation of this State relating to
notaries public.

Ê A person who
holds a current appointment as a notary public is not required to enroll in and
successfully complete a course of study provided pursuant to this section if
the person is in compliance with all of the statutes and regulations of this
State relating to notaries public.

4. The Secretary of State shall deposit the fees
collected pursuant to paragraph (b) of subsection 1 in the following manner:

(a) Seventy-five percent of the fees collected must be
deposited in the State General Fund.

(b) Twenty-five percent of the fees collected must be
deposited in the Notary Public Training [Fund]Account which is
hereby created [as a special revenue fund] in the State [Treasury.]General Fund. The [Fund]Account must be
administered by the Secretary of State. Any interest and income earned on the
money in the [Fund,]Account, after deducting any applicable charges, must be credited to the [Fund.]

charges, must be credited to the [Fund.]Account. Any money
remaining in the [Fund]Account at the end of a fiscal year does not
revert to the State General Fund, and the balance in the [Fund]Account must be
carried forward. All claims against the [Fund]Account must be paid
as other claims against the State are paid. The money in the [Fund]Account may be
expended:

(1) To pay for expenses related to providing
courses of study for the mandatory training of notaries public, including,
without limitation, the rental of rooms and other facilities, advertising,
travel and the printing and preparation of course materials; or

(2) For any other purpose authorized by the
Legislature.

Sec. 12. NRS
278.750 is hereby amended to read as follows:

278.750 1. The Southern Nevada Enterprise Community
Projects [Fund]Account is hereby created in the State [Treasury.]General Fund. The
interest and income earned on the money in the [Fund,]Account, after
deducting any applicable charges, must be credited to the [Fund.] Account.

2. The Southern Nevada Enterprise Community Board shall
administer the [Fund]Account and may accept gifts, grants and other
money for deposit in the [Fund.] Account.

3. The money in the [Fund]Account may only be
used to fund projects in the Southern Nevada Enterprise Community and is hereby
authorized for expenditure as a continuing appropriation for this purpose.

Sec. 13. NRS
293.442 is hereby amended to read as follows:

293.442 1. As used in this section, “Act” means the
Help America Vote Act of 2002, Public Law 107-252.

2. The Election [Fund]Account is hereby
created [as a special revenue fund] in the State [Treasury,]General Fund, to be
administered by the Secretary of State. The Secretary of State shall deposit
all money received pursuant to the Act and any state appropriation of matching
money pursuant to the Act in the Election [Fund.] Account.

3. The interest and income earned on money in the
Election [Fund]Account must be credited to the [Fund.]Account. Any balance
of the money that was received pursuant to the Act remaining in the Election [Fund]Account at the end
of a fiscal year does not revert and must be carried forward to the next fiscal
year and is continuously available to the Secretary of State for expenditure
consistent with this section.

4. The Secretary of State may:

(a) Only expend or disburse money in the Election [Fund]Account in
accordance with the provisions of the Act.

(b) Receive and disburse money in the Election [Fund]Account by
electronic transfer.

5. Claims against the Election [Fund]Account must be paid
as other claims against the State are paid.

Sec. 14. NRS 350A.190
is hereby amended to read as follows:

350A.190 1. All revenues from lending projects must be
deposited in the Fund for the Municipal Bond Bank in the State Treasury, which
is hereby created as [an enterprise]a special revenue fund.

2. Any revenue from lending projects which is in the
Fund must be applied in the following order of priority:

(a) Deposited into the Consolidated Bond Interest and
Redemption Fund created pursuant to NRS 349.090 in amounts necessary to pay the
principal of, interest on and redemption premiums due in
connection with state securities issued pursuant to this chapter.

of, interest on and redemption premiums due in connection
with state securities issued pursuant to this chapter.

(b) Deposited into any reserve account created for the
payment of the principal of, interest on and redemption premiums due in
connection with state securities issued pursuant to this chapter, in amounts
and at times determined to be necessary.

(c) Paid out for expenses of operation and maintenance.

(d) On July 1 of each odd-numbered year, to the extent
of any uncommitted balance in the Fund, deposited in the State General Fund.

Sec. 15. NRS
361.920 is hereby amended to read as follows:

361.920 1. The Allodial Title Trust [Fund]Account is hereby
created[.]in the State General Fund. The
State Treasurer shall administer the [Fund.]Account. The
interest and income earned on the money in the [Trust Fund]Account must be
credited to the [Fund.]Account. The State Treasurer shall expend the
money in the [Trust Fund]Account to make the payments of property tax
on behalf of the residential properties for which allodial title has been
established and not relinquished and for no other purposes except that not more
than 2 percent of the money in the [Fund]Account may be used
as necessary to pay expenses of the State Treasurer that are directly related
to the cost to invest the money in the [Fund]Account and to
administer the program. The State Treasurer shall not make any payment from the
money in the [Trust Fund]Account more than 5 business days before the
day on which the payment becomes due.

2. The State Treasurer shall invest the money in the [Trust
Fund]Account
in obligations which would be legal investments for the state
pursuant to NRS 355.140.

3. The State Treasurer shall maintain a separate [account]subaccount in the [Trust
Fund]Account
for each allodial title and an Allodial Title [Account]Subaccount for
Stabilization. Any interest or other income earned on the money in [an
account]a
subaccount that exceeds the projection of estimated interest and
income made pursuant to subsection 3 of NRS 361.900 for the fiscal year must be
transferred to the Allodial Title [Account]Subaccount for
Stabilization as soon as practicable after June 30 of that year.

4. The State Treasurer shall adopt such regulations as
are necessary to carry out the provisions of NRS 361.900 to 361.920, inclusive,
to ensure that the Allodial Title Trust [Fund]Account is
efficiently and securely maintained.

Sec. 16. NRS
384.170 is hereby amended to read as follows:

384.170 1. The Commission may accept gifts, donations,
devises or bequests of real or personal property for the purpose of enabling it
to carry out a program of historic preservation and restoration within the
District, and it may expend the same for that purpose. The Commission may sell,
or lease for periods not to exceed 20 years, real or personal property for use
within the District which it may acquire.

2. The Commission shall deposit gifts or donations of
money and any money acquired from selling or leasing the items described in
subsection 1 in the [Trust Fund]Account for the Comstock Historic District
which is hereby created in the State [Treasury.]General Fund. The [Fund]Account must be
administered by the Commission. Any interest earned on the money in the [Fund]Account must be
credited to the [Fund.]Account. The money deposited in the [Fund]Account and all
interest paid thereon may be expended only for the
maintenance of the Commission or to carry out the program of historic
preservation and restoration within the District.

expended only for the maintenance of the Commission or to
carry out the program of historic preservation and restoration within the
District.

3. The Commission has no power of eminent domain.

Sec. 17. NRS
386.576 is hereby amended to read as follows:

386.576 1. The [Fund]Account for Charter
Schools is hereby created in the State [Treasury]General Fund as a
revolving loan [fund,]account, to be administered by the Department.

2. The money in the [revolving fund]Account must be
invested as money in other
state [funds are]accounts is invested. All interest and income
earned on the money in the [revolving fund]Account must be credited to the [revolving
fund.]Account.
Any money remaining in the [revolving fund]Account at the end
of a fiscal year does not revert to the State General Fund, and the balance in
the [Fund]Account must be carried forward.

3. All payments of principal and interest on all the
loans made to a charter school from the [revolving fund]Account must be
deposited [in]with the State [Treasury]Treasurer for credit
to the [revolving fund.]Account.

4. Claims against the [revolving fund]Account must be paid
as other claims against the State are paid.

5. The Department may accept gifts, grants, bequests
and donations from any source for deposit in the [revolving fund.] Account.

Sec. 18. NRS
387.191 is hereby amended to read as follows:

387.191 1. Except as otherwise provided in this
subsection, the proceeds of the tax imposed pursuant to NRS 244.33561 and any
applicable penalty or interest must be paid by the county treasurer to the
State Treasurer for credit to the State Supplemental School Support [Fund,]Account, which is
hereby created in the State [Treasury as a special revenue fund.]General Fund. The county
treasurer may retain from the proceeds an amount sufficient to reimburse the
county for the actual cost of collecting and administering the tax, to the extent
that the county incurs any cost it would not have incurred but for the
enactment of this section or NRS 244.33561, but in no case exceeding the amount
authorized by statute for this purpose. Any interest or other income earned on
the money in the State Supplemental School Support [Fund]Account must be
credited to the [Fund.] Account.

2. The money in the State Supplemental School Support [Fund]Account is hereby
appropriated for the operation of the school districts and charter schools of
the state, as provided in this section. The money so appropriated is intended
to supplement and not replace any other money appropriated, approved or
authorized for expenditure to fund the operation of the public schools for
kindergarten through grade 12. Any money that remains in the State Supplemental
School Support [Fund]Account at the end of the fiscal year does not
revert to the State General Fund, and the balance in the State Supplemental
School Support [Fund]Account must be carried forward to the next
fiscal year.

3. On or before February 1, May 1, August 1 and
November 1 of each year, the Superintendent of Public Instruction shall
transfer from the State Supplemental School Support [Fund]Account all the
proceeds of the tax imposed pursuant to NRS 244.33561, including any interest
or other income earned thereon, and distribute the proceeds proportionally
among the school districts and charter schools of the state. The proportionate
amount of money distributed to each school district or charter school must be
determined by dividing the number of students enrolled in the school district
or charter school by the number of students enrolled in
all the school districts and charter schools of the state.

school by the number of students enrolled in all the school
districts and charter schools of the state. For the purposes of this
subsection, the enrollment in each school district and the number of students
who reside in the district and are enrolled in a charter school must be
determined as of the last day of the first school month of the school district
for the school year. This determination governs the distribution of money
pursuant to this subsection until the next annual determination of enrollment
is made. The Superintendent may retain from the proceeds of the tax an amount
sufficient to reimburse the Superintendent for the actual cost of administering
the provisions of this section, to the extent that the Superintendent incurs
any cost the Superintendent would not have incurred but for the enactment of
this section, but in no case exceeding the amount authorized by statute for
this purpose.

4. The money received by a school district or charter
school from the State Supplemental School Support [Fund]Account pursuant to
this section must be used to improve the achievement of students and for the
payment of salaries to attract and retain qualified teachers and other
employees, except administrative employees, of the school district or charter
school. Nothing contained in this section shall be deemed to impair or restrict
the right of employees of the school district or charter school to engage in
collective bargaining as provided by chapter 288 of NRS.

5. On or before November 10 of each year, the board of
trustees of each school district and the governing body of each charter school
shall prepare a report to the Superintendent of Public Instruction, in the form
prescribed by the Superintendent. The report must provide an accounting of the
expenditures by the school district or charter school of the money it received
from the State Supplemental School Support [Fund]Account during the
preceding fiscal year.

6. As used in this section, “administrative employee”
means any person who holds a license as an administrator, issued by the
Superintendent of Public Instruction, and is employed in that capacity by a
school district or charter school.

Sec. 19. NRS
396.545 is hereby amended to read as follows:

396.545 1. To the extent of legislative appropriation,
the Board of Regents shall pay all registration fees, laboratory fees and
expenses for required textbooks and course materials assessed against or
incurred by a dependent child of:

(a) A police officer, firefighter or officer of the
Nevada Highway Patrol who was killed in the line of duty; or

(b) A volunteer ambulance driver or attendant who was
killed while engaged as a volunteer ambulance driver or attendant,

Ê for classes
taken towards satisfying the requirements of an undergraduate degree at a
school within the System. No such payment may be made for any fee assessed
after the child reaches the age of 23 years.

2. There is hereby created in the State [Treasury]General Fund a Trust
[Fund]Account for the Education of Dependent
Children. The Board of Regents shall administer the [Trust Fund.]Account. The Board
of Regents may accept gifts and grants for deposit in the [Trust Fund.]Account. All money
held by the State Treasurer or received by the Board of Regents for that
purpose must be deposited in the [Trust Fund.]Account. The money in the [Trust
Fund]Account
must be invested as the money in other state [funds]accounts is
invested. After deducting all applicable charges, all interest
and income earned on the money in the [Trust Fund] Account must be credited to
the [Trust Fund.]

interest and income earned on the money in the [Trust
Fund]Account
must be credited to the [Trust Fund.] Account.

3. As used in this section:

(a) “Firefighter” means a person who is a salaried
employee or volunteer member of a fire prevention or suppression unit organized
by a local government and whose principal duty is to control and extinguish
fires.

(b) “Local government” means a county, city,
unincorporated town or metropolitan police department.

(c) “Police officer” means a person who is a salaried
employee of a police department or other law enforcement agency organized or
operated by a local government and whose principal duty is to enforce the law.

(d) “Volunteer ambulance driver or attendant” means a
person who is a driver of or attendant on an ambulance owned or operated by:

(1) A nonprofit organization that provides
volunteer ambulance service in any county, city or town in this State; or

(2) A political subdivision of this State.

Sec. 20. NRS
414.135 is hereby amended to read as follows:

414.135 1. There is hereby created in the State General Fund the
Emergency Assistance [Subaccount within the Disaster Relief Account created
pursuant to NRS 353.2735.] Account. Beginning with the fiscal year that
begins on July 1, 1999, the State Controller shall, at the end of each fiscal
year, transfer the interest earned during the previous fiscal year on the money
in the Disaster Relief Account created
pursuant to NRS 353.2735 to the [Subaccount]Emergency Assistance Account
in an amount not to exceed $500,000.

2. The Division of Emergency Management of the
Department of Public Safety shall administer the [Subaccount.] Emergency Assistance Account. The
Division may adopt regulations authorized by this section before, on or after
July 1, 1999.

3. Except as otherwise provided in paragraph (c), all
expenditures from the [Subaccount]Emergency Assistance Account must be approved
in advance by the Division. Except as otherwise provided in subsection 4, all
money in the [Subaccount] Emergency Assistance Account must be
expended:

(a) To provide supplemental emergency assistance to this
state or to local governments in this state that are severely and adversely
affected by a natural, technological or human-caused emergency or disaster for
which available resources of this state or the local government are inadequate
to provide a satisfactory remedy;

(b) To pay any actual expenses incurred by the Division
for administration during a natural, technological or human-caused emergency or
disaster; and

(c) For any other purpose authorized by the Legislature.

4. Beginning with the fiscal year that begins on July
1, 1999, if any balance remains in the [Subaccount]Emergency Assistance Account at
the end of a fiscal year and the balance has not otherwise been committed for
expenditure, the Division may, with the approval of the Interim Finance
Committee, allocate all or any portion of the remaining balance, not to exceed
$250,000, to this state or to a local government to:

(a) Purchase equipment or supplies required for
emergency management;

(b) Provide training to personnel related to emergency
management; and

5. Beginning with the fiscal year that begins on July
1, 1999, the Division shall, at the end of each quarter of a fiscal year,
submit to the Interim Finance Committee a report of the expenditures made from
the [Subaccount]Emergency Assistance Account for the previous
quarter.

6. The Division shall adopt such regulations as are
necessary to administer the [Subaccount.] Emergency Assistance Account.

7. The Division may adopt regulations to provide for
reimbursement of expenditures made from the [Subaccount.]Emergency Assistance Account.
If the Division requires such reimbursement, the Attorney General shall take
such action as is necessary to recover the amount of any unpaid reimbursement
plus interest at a rate determined pursuant to NRS 17.130, computed from the
date on which the money was removed from the Disaster Relief Account, upon request by the
Division.

Sec. 21. NRS
459.3824 is hereby amended to read as follows:

459.3824 1. The owner or operator of a facility shall
pay to the Division an annual fee based on the fiscal year. The annual fee for
each facility is the sum of a base fee set by the State Environmental
Commission and any additional fee imposed by the Commission pursuant to
subsection 2. The annual fee must be prorated and may not be refunded.

2. The State Environmental Commission may impose an
additional fee upon the owner or operator of a facility in an amount determined
by the Commission to be necessary to enable the Division to carry out its
duties pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations
adopted pursuant thereto. The additional fee must be based on a graduated schedule
adopted by the Commission which takes into consideration the quantity of
hazardous substances located at each facility.

3. After the payment of the initial annual fee, the
Division shall send the owner or operator of a facility a bill in July for the
annual fee for the fiscal year then beginning which is based on the applicable
reports for the preceding year.

4. The State Environmental Commission may modify the
amount of the annual fee required pursuant to this section and the timing for
payment of the annual fee:

(a) To include consideration of any fee paid to the
Division for a permit to construct a new process or commence operation of a new
process pursuant to NRS 459.3829; and

(b) If any regulations adopted pursuant to NRS 459.380
to 459.3874, inclusive, require such a modification.

5. The owner or operator of a facility shall submit,
with any payment required by this section, the business license number assigned
by the Secretary of State upon compliance by the owner with the provisions of
chapter 76 of NRS.

6. All fees, fines, penalties and other money collected
pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted
pursuant thereto, other than a fine collected pursuant to subsection 3 of NRS
459.3834, must be deposited with the State Treasurer for credit to the [Fund]Account for
Precaution Against Chemical Accidents, which is hereby created [as
a special revenue fund.]in the State General Fund. All interest earned
on the money in the [Fund]Account must be credited to the [Fund.] Account.

480.810 1. The [Fund]Account for Reentry
Programs is hereby created in the State [Treasury as a special
revenue fund, to]General Fund. The Account must be administered
by the Director or a designee of the Director.

2. The Director or designee may apply for and accept
any gift, donation, bequest, grant or other source of money for the use of the [Fund.] Account.

3. All money received for the use of the [Fund]Account pursuant to
subsection 2 or NRS 209.4889 or from any other source must be deposited [in]with the State [Treasury]Treasurer for credit
to the [Fund.] Account.

4. All expenditures from the [Fund]Account must be
approved by the Director or designee, in accordance with procedures established
by regulation by the Director. The Director may designate an advisory group to
assist in the preparation of such procedures. The money in the [Fund]Account may be
expended only to pay necessary administrative costs and to pay for programs for
reentry of persons into the community upon their release from incarceration,
including, without limitation, judicial programs, training programs and
programs for the treatment of addiction.

5. The interest and income earned on the money in the [Fund,]Account, after
deducting any applicable charges, must be credited to the [Fund.]Account. All claims
against the [Fund]Account must be paid as other claims against
the State are paid.

6. To the extent money is available in the [Fund,]Account, the
Director or designee may enter into one or more contracts with one or more
public or private entities to provide services to persons participating in a
program for reentry into the community upon their release from incarceration.

Sec. 23. NRS
534.360 is hereby amended to read as follows:

534.360 1. There is hereby created in the State [Treasury
a fund to be]General
Fund an account designated as the Water Rights Technical Support [Fund
to]Account.
The Account must be administered by the Board for Financing Water
Projects.

2. The Water Rights Technical Support [Fund]Account is a
continuing [fund]account without reversion. Money in the [Fund]Account must be
invested as the money in other [funds]state accounts is invested. The interest and
income earned on the money in the [Fund,]Account, after
deducting any applicable charges, must be credited to the [Fund.]Account. Claims
against the [Fund]Account must be paid as other claims against
the State are paid.

3. The Board for Financing Water Projects may accept
gifts, grants and donations from any source for deposit in the Water Rights
Technical Support [Fund.] Account.

4. Except as otherwise provided in subsection 5, money
in the Water Rights Technical Support [Fund]Account must be used
by the Board for Financing Water Projects only to make grants to a local
government to:

(a) Obtain and provide expert and technical assistance
to gather data to protect its existing water rights; or

(b) Fund projects to enhance or protect its existing
water rights.

5. Any grant of money from the Water Rights Technical
Support [Fund]Account must not be used by a local government
to pay for any assistance or projects as set forth in subsection 4 if the only
purpose of the assistance or project is to obtain evidence, including, without
limitation, technical evidence and oral testimony or to
pay for expert witnesses or attorney’s fees for or in anticipation of any
administrative or judicial proceeding, including, without limitation, hearings
before the State Engineer or in any state or federal court.

technical evidence and oral testimony or to pay for expert witnesses
or attorney’s fees for or in anticipation of any administrative or judicial
proceeding, including, without limitation, hearings before the State Engineer
or in any state or federal court.

Sec. 24. NRS
645F.270 is hereby amended to read as follows:

645F.270 1. The [Fund]Account for Mortgage
Lending is hereby created in the State [Treasury as a special
revenue fund.]
General Fund.

2. Except as otherwise provided by law, any money
collected by the Commissioner or Division pursuant to law:

(a) Must be deposited in the [Fund]Account for Mortgage
Lending; and

(b) May only be used to:

(1) Carry out the programs and laws administered
by the Commissioner and the Division; and

(2) Pay the expenses related to the operations of
the Commissioner and the Division.

3. Except as otherwise provided by law, any money that
remains in the [Fund]Account for Mortgage Lending at the end of the
fiscal year does not revert to the State General Fund, and the balance of the [Fund]Account for Mortgage
Lending must be carried forward to the next fiscal year.

4. The Commissioner shall administer the [Fund]Account for Mortgage
Lending. Any interest or income earned on the money in the [Fund]Account must be
credited to the [Fund]Account after deducting any applicable
charges. Any claims against the [Fund]Account must be paid as other claims against
the State are paid.

Sec. 25. NRS
701.370 is hereby amended to read as follows:

701.370 1. The Trust [Fund]Account for
Renewable Energy and Energy Conservation is hereby created in the State [Treasury.] General Fund.

2. The Authority shall administer the [Fund.]Account. As
administrator of the [Fund,]Account, the Authority:

(a) Shall maintain the financial records of the [Fund;] Account;

(b) Shall invest the money in the [Fund]Account as the money
in other state [funds]accounts is invested;

(c) Shall manage any [account]subaccount associated
with the [Fund;] Account;

(d) Shall maintain any instruments that evidence
investments made with the money in the [Fund;] Account;

(e) May contract with vendors for any good or service
that is necessary to carry out the provisions of this section; and

(f) May perform any other duties that are necessary to
administer the [Fund.] Account.

3. The interest and income earned on the money in the [Fund]Account must, after
deducting any applicable charges, be credited to the [Fund.]Account. All claims
against the [Fund]Account must be paid as other claims against
the State are paid.

4. Not more than 2 percent of the money in the [Fund]Account may be used
to pay the costs of administering the [Fund.] Account.

5. The money in the [Fund]Account remains in
the [Fund]Account and does not revert to the State
General Fund at the end of any fiscal year.

6. All money that is deposited or paid into the [Fund]Account may only be
expended pursuant to an allocation made by the Authority. Money expended from the [Fund] Account must not be used to supplant
existing methods of funding that are available to public agencies.

expended from the [Fund]Account must not be
used to supplant existing methods of funding that are available to public
agencies.

Sec. 26. NRS
701.575 is hereby amended to read as follows:

701.575 1. The [Fund]Account for
Renewable Energy, Energy Efficiency and Energy Conservation Loans is hereby
created[.]in the State General Fund. The
Director shall administer the [Fund.] Account.

2. The account to fund activities, other than projects,
authorized by the American Recovery and Reinvestment Act, to be known as the
Account for Set-Aside Programs, is hereby created in the Fund for the Municipal
Bond Bank.

3. The money in the [Fund]Account for Renewable Energy,
Energy Efficiency and Energy Conservation Loans and the Account
for Set-Aside Programs may be used only for the purposes set forth in the
American Recovery and Reinvestment Act.

4. All claims against the [Fund]Account for Renewable Energy,
Energy Efficiency and Energy Conservation Loans and the Account
for Set-Aside Programs must be paid as other claims against the State are paid.

5. The faith of the State is hereby pledged that the
money in the Account[for the Revolving Fund]for Renewable Energy, Energy Efficiency
and Energy Conservation Loans and the Account for Set-Aside
Programs will not be used for purposes other than those authorized by the
American Recovery and Reinvestment Act.

Sec. 27. NRS 706.1516
is hereby amended to read as follows:

706.1516 1. The Nevada Transportation Authority
Regulatory [Fund]Account is hereby created [as a special revenue
fund.]in the
State General Fund. All money collected by the Authority pursuant
to law must be deposited [in]with the State [Treasury]Treasurer for credit
to the [Fund.] Account.

2. Money in the [Fund]Account may be used
only to defray the costs of:

(a) Maintaining staff and equipment needed to regulate
adequately persons subject to the jurisdiction of the Authority.

(b) Participating in all proceedings relevant to the
jurisdiction of the Authority.

(d) The salaries, travel expenses and subsistence
allowances of the members of the Authority.

3. All claims against the [Fund]Account must be paid
as other claims against the State are paid.

4. The Authority must furnish upon request a statement
showing the balance remaining in the [Fund]Account as of the
close of the preceding fiscal year.

Sec. 28. 1. The State Controller shall, if necessary
to carry out the provisions of this act, cause the transfer of any money
between funds and accounts whose designations are changed by the provisions of
this act.

2. All rights and liabilities of a fund or account whose
designation is changed by the provisions of this act are not affected by the
change in designation and remain the rights and liabilities of the fund or
account as newly designated.

Sec. 29. 1. The Legislative Counsel shall, in
preparing supplements to the Nevada Administrative Code, appropriately change
any reference to a fund or account whose designation has been changed pursuant
to the provisions of this act.

2. Any reference in a bill or resolution passed by the 76th
Session of the Nevada Legislature to a fund or account whose designation is
changed pursuant to the provisions of this act shall be deemed to refer to the
fund or account by its changed designation.

Sec. 30. 1. This section and sections 1 to 17,
inclusive, and sections 19 to 29, inclusive, of this act become effective upon
passage and approval.

2. Section 18 of this act becomes effective on July 1, 2011.

________

CHAPTER 101, SB 81

Senate Bill No. 81–Committee on Government Affairs

CHAPTER 101

[Approved:
May 24, 2011]

AN ACT relating to
state financial administration; revising the statutes of limitation for the
State Controller to take action regarding the collection of certain debts owed
to state agencies; providing for the electronic payment of certain payments;
and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth statutes of limitation for when
the State Controller may take certain action to collect debts owed to the
State. (NRS 353C.140, 353C.170, 353C.180, 353C.210) Sections 4-7 of this
bill amend those statutes of limitation.

Section 8 of this bill requires the State
Controller to pay accounts payable electronically unless doing so would cause
undue hardship to the payee.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Sections 1-3. (Deleted by amendment.)

Sec. 4. NRS
353C.140 is hereby amended to read as follows:

353C.140 If a person has not paid a debt that the
person owes to an agency, the Attorney General, upon the request of the State
Controller:

1. Except as otherwise provided in this section, shall
bring an action in a court of competent jurisdiction; or

2. If the action is a small claim subject to chapter 73
of NRS, may bring an action in a court of competent jurisdiction,

Ê on behalf of
this state to collect the debt, plus any applicable penalties and interest. The
action must be brought not later than 4 years after the date on which the debt
became due or within [5]4 years after the date on which a certificate
of liability was last recorded pursuant to NRS 353C.180, as appropriate.

353C.170 1. An abstract of the judgment entered
pursuant to NRS 353C.160, or a copy thereof, may be recorded in the office of
the county recorder of any county.

2. From the time of its recordation, the judgment
becomes a lien upon all real and personal property situated in the county that
is owned by the judgment debtor, or which the debtor may afterward acquire,
until the lien expires. The lien has the force, effect and priority of a
judgment lien and continues for [5]4 years after the date of the judgment so
entered by the court clerk unless sooner released or otherwise discharged.

3. Within [5]4years after the date of the recording of the
judgment or within [5]4 years after the date of the last extension
of the lien pursuant to this subsection, the lien may be extended by recording
an affidavit of renewal in the office of the county recorder. From the date of
recording, the lien is extended for [5]4 years to all real and
personal property situated in the county that is owned by the judgment debtor
or acquired by the judgment debtor afterwards, unless the lien is sooner
released or otherwise discharged.

Sec. 6. NRS
353C.180 is hereby amended to read as follows:

353C.180 1. In addition to any other remedy provided
for in this chapter, the State Controller may, within 4 years after the date
that a debt becomes due, record a certificate of liability in the office of a
county recorder which states:

(a) The amount of the debt, together with any interest
or penalties due thereon;

(b) The name and address of the debtor, as the name and
address of the debtor appear on the records of the State Controller;

(c) That the State Controller has complied with all
procedures required by law for determining the amount of the debt; and

(d) That the State Controller has notified the debtor in
accordance with subsection 2.

2. The State Controller shall, not less than 15 days
before the date on which he or she intends to file the certificate, notify the
debtor of the State Controller’s intention to file the certificate. The
notification must be sent by certified mail to the last known address of the
debtor and must include the name of the agency to which the debt is owed, the
amount sought to be recovered and the date on which the certificate will be
filed with the county recorder.

3. From the time of the recording of the certificate,
the amount of the debt, including interest which accrues on the debt after the
recording of the certificate, constitutes a lien upon all real and personal
property situated in the county in which the certificate was recorded that is
owned by the debtor or acquired by the debtor afterwards and before the lien
expires. The lien has the force, effect and priority of a judgment lien on all
real and personal property situated in the county in which the certificate was
recorded and continues for [5]4 years after the date of recording unless
sooner released or otherwise discharged.

4. Within [5]4 years after the date of
the recording of the certificate or within [5]4 years after the date of
the last extension of the lien pursuant to this subsection, the lien may be
extended by recording a new certificate in the office of the county recorder.
From the date of recording, the lien is extended for [5]4 years to all real and
personal property situated in the county that is owned by
the debtor or acquired by the debtor afterwards, unless the lien is sooner
released or otherwise discharged.

county that is owned by the debtor or acquired by the debtor
afterwards, unless the lien is sooner released or otherwise discharged.

Sec. 7.NRS
353C.210 is hereby amended to read as follows:

353C.210 1. Notwithstanding any specific statute to
the contrary, the State Controller may, in addition to any other remedy
provided for in this chapter, give notice of the amount of a debt owed to this
State and a demand to transmit to any person, including, without limitation,
any officer, agency or political subdivision of this state, who has in his or
her possession or under his or her control any credits or other personal
property belonging to the debtor or who owes any debts to the debtor that
remain unpaid. The notice and demand to transmit must be delivered personally
or by certified or registered mail:

(a) Not later than 4 years after the debt became due; or

(b) Not later than [6]4 years after the last
recording of an abstract of judgment pursuant to NRS 353C.170 or a certificate
of liability pursuant to NRS 353C.180.

2. If such notice is given to an officer or agency of
this state, the notice must be delivered before the State Controller may file a
claim pursuant to NRS 353C.190 on behalf of the debtor.

3. An agency that receives a notice and demand to
transmit pursuant to this section may satisfy any debt owed to it by the debtor
before it honors the notice and demand to transmit. If the agency is holding a
bond or other property of the debtor as security for debts owed or that may
become due and owing by the debtor, the agency is not required to transmit the
amount of the bond or other property unless the agency determines that holding
the bond or other property of the debtor as security is no longer required.

4. Except as otherwise provided by specific statute, a
person who receives a demand to transmit pursuant to this section shall not
thereafter transfer or otherwise dispose of the credits or other personal
property of, or debts owed to, the person who is the subject of the demand to
transmit without the consent of the State Controller.

5. Except as otherwise provided by specific statute, a
person who receives a demand to transmit pursuant to this section shall, within
10 days thereafter, inform the State Controller of, and transmit to the State
Controller within the time and in the manner requested by the State Controller,
all credits or other personal property in his or her possession or control that
belong to, and all debts that he or she owes to, the person who is the subject
of the demand to transmit. Except as otherwise provided in subsection 6, no
further notice is required to be served on such persons.

6. Except as otherwise provided by specific statute, if
the property of the debtor consists of a series of payments owed to the debtor,
the person who owes or controls the payments shall transmit the payments to the
State Controller until otherwise notified by the State Controller. If the debt
of the debtor is not paid within 1 year after the date on which the State
Controller issued the original demand to transmit, the State Controller shall:

(a) Issue another demand to transmit to the person
responsible for making the payments that informs the person to continue
transmitting payments to the State Controller; or

(b) Notify the person that his or her duty to transmit
the payments to the State Controller has ceased.

7. If the notice and demand to transmit is intended to
prevent the transfer or other disposition of a deposit in a bank or other
depository institution, or of any other credit or
personal property in the possession or under the control of the bank or
depository institution, the notice must be delivered or mailed to any branch or
office of the bank or depository institution at which the deposit is carried or
the credit or personal property is held.

institution, or of any other credit or personal property in
the possession or under the control of the bank or depository institution, the
notice must be delivered or mailed to any branch or office of the bank or depository
institution at which the deposit is carried or the credit or personal property
is held.

8. If any person to whom the State Controller delivers
a notice and demand to transmit transfers or otherwise disposes of any property
or debts required by this chapter to be transmitted to the State Controller,
the person is, to the extent of the value of the property or the amount of the
debts so transferred or disposed of, liable to the State Controller for any
portion of the debt that the State Controller is unable to collect from the
debtor solely by reason of the transfer or other disposition of the property or
debt.

9. A debtor who owes a debt to an agency for which the
State Controller delivers a notice and demand to transmit concerning the debtor
pursuant to this section is entitled to an administrative hearing before that
agency to challenge the collection of the debt pursuant to the demand to
transmit. Each agency may adopt such regulations as are necessary to provide an
administrative hearing for the purposes of this subsection.

Sec. 8. Chapter 227
of NRS is hereby amended by adding thereto a new section to read as
follows:

2. Upon
application of a payee or the payee’s representative, the State Controller may
waive the requirements of subsection 1 if the State Controller determines that
the electronic payment of an account payable would cause the payee to suffer
undue hardship or extreme inconvenience.

3. The
State Controller may adopt such regulations as are necessary or advisable to
carry out the provisions of this section.

Sec. 9. NRS 227.200
is hereby amended to read as follows:

227.200 The State Controller shall:

1. Draw a warrant in favor of any person or
governmental payee certified by an agency of state government to receive money
from the treasury and deliver or mail the warrant to the State Treasurer who
shall sign the warrant and:

(a) [Deliver or mail the countersigned warrant,]Except as otherwise provided in
section 8 of this act, if it is for payment of an account payable, [directly
to]electronically
pay the payee or the payee’s representative;

(b) If it is for payment of an employee:

(1) Deliver or mail the warrant to the employee or
to the appropriate state agency for distribution; or

(2) Deposit the warrant to the credit of the
employee by direct deposit at a bank or credit union in which the employee has
an account, if the employee has authorized the direct deposit; or

(c) Deposit the warrant to the credit of the payee
through a funds transfer.

2. Keep a warrant register, in which the State
Controller shall enter all warrants drawn by him or her. The arrangement of
this book must be such as to show the bill and warrant number, the amount, out
of which fund the warrants are payable, and a distribution of the warrants under
the various appropriations.

333.450 1. [All]Except as otherwise provided in
section 8 of this act, claims for supplies, materials, equipment
and services purchased pursuant to the provisions of this chapter must, when
approved by the Chief, be paid in the same manner as other claims against the
State are required to be paid.

2. The Chief shall annually assess each using agency a
fee for the procurement and inventory services provided by the Purchasing
Division to the using agency. The fee must be based on the using agency’s use
of the procurement and inventory services of the Purchasing Division during
preceding years. The Chief shall adjust the formula for calculating the fee
each biennium.

3. If an agency is not a using agency, the Chief shall assess
a fee of not more than the cost to the Division to process the order for the
agency.

4. The Chief may adopt regulations to carry out the
provisions of this section.

Sec. 12. This act becomes effective upon passage and
approval.

________

CHAPTER 102, SB 114

Senate Bill No. 114–Committee on Health and Human
Services

CHAPTER 102

[Approved:
May 24, 2011]

AN ACT relating to
controlled substances; requiring certain reports made by the Investigation
Division of the Department of Public Safety to be transmitted to the
Legislative Committee on Health Care; authorizing the exchange of certain
information concerning controlled substances with other states under certain
circumstances; providing civil and criminal immunity to certain persons who
provide to the State Board of Pharmacy and the Division certain information
concerning controlled substances; and providing other matters properly relating
thereto.

Legislative Counsel’s Digest:

Section 1 of this bill requires the Investigation
Division of the Department of Public Safety to provide to the Legislative
Committee on Health Care a copy of the annual report concerning the
distribution and abuse of controlled substances.

Existing law requires the State Board of Pharmacy and
the Division to develop a computerized system to track prescriptions for
controlled substances listed in schedules II, III and IV. (NRS 453.1545) Section
2 of this bill authorizes the Board and the Division to enter into a
written agreement with an appropriate agency in another state to provide,
receive or exchange information obtained from Nevada’s computerized system with
a similar system to track prescriptions for controlled substances in that
state. Section 2 also provides immunity from criminal and civil
liability for certain persons who, with reasonable care, provide to the
Division or Board reports or information related to the computerized system.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
453.154 is hereby amended to read as follows:

453.154 1. In this section, “diversion” means the
transfer of a controlled substance from a lawful to an unlawful channel of
distribution or use.

2. The Division shall regularly prepare and make available
to other state regulatory, licensing and law enforcement agencies a report on
the patterns and trends of distribution, diversion and abuse of controlled
substances.

3. The Board and the Division may enter into written
agreements with local, state and federal agencies to improve identification of
sources of diversion and to improve enforcement of and compliance with NRS
453.011 to 453.348, inclusive, and other laws and regulations pertaining to
unlawful conduct involving controlled substances. An agreement must specify the
roles and responsibilities of each agency that has information or authority to
identify, prevent or control diversion and abuse of controlled substances. The
Board and the Division may convene periodic meetings to coordinate a state
program to prevent and control diversion. The Board and the Division may
arrange for cooperation and exchange of information among agencies and with
other states and the Federal Government.

4. The Division shall report annually to the Governor and the Legislative Committee on Health
Care and biennially to the presiding officer of each house of the
Legislature on the outcome of the program with respect to its effect on
distribution and abuse of controlled substances, including recommendations for
improving control and prevention of the diversion of controlled substances in
this State.

Sec. 2. NRS
453.1545 is hereby amended to read as follows:

453.1545 1. The Board and the Division shall
cooperatively develop a computerized program to track each prescription for a
controlled substance listed in schedule II, III or IV that is filled by a
pharmacy that is registered with the Board or that is dispensed by a
practitioner who is registered with the Board. The program must:

(a) Be designed to provide information regarding:

(1) The inappropriate use by a patient of
controlled substances listed in schedules II, III and IV to pharmacies,
practitioners and appropriate state agencies to prevent the improper or illegal
use of those controlled substances; and

(2) Statistical data relating to the use of those
controlled substances that is not specific to a particular patient.

(b) Be administered by the Board, the Division, the
Health Division of the Department and various practitioners, representatives of
professional associations for practitioners, representatives of occupational
licensing boards and prosecuting attorneys selected by the Board and the
Division.

(c) Not infringe on the legal use of a controlled
substance for the management of severe or intractable pain.

(d) Include the contact information of each person who
elects to access the database of the program pursuant to subsection 2,
including, without limitation:

(4) If the person maintains an electronic mail
address, the electronic mail address of the person.

2. The Board shall provide Internet access to the
database of the program established pursuant to subsection 1 to each
practitioner who is authorized to write prescriptions for and each person who
is authorized to dispense controlled substances listed in schedule II, III or
IV who:

(a) Elects to access the database of the program; and

(b) Completes the course of instruction described in
subsection [6.] 7.

3. The Board and the Division must have access to the
program established pursuant to subsection 1 to identify any suspected
fraudulent or illegal activity related to the dispensing of controlled
substances.

4. The Board or the Division shall report any activity
it reasonably suspects may be fraudulent or illegal to the appropriate law
enforcement agency or occupational licensing board and provide the law
enforcement agency or occupational licensing board with the relevant
information obtained from the program for further investigation.

5. The
Board and the Division may cooperatively enter into a written agreement with an
agency of any other state to provide, receive or exchange information obtained
by the program with a program established in that state which is substantially
similar to the program established pursuant to subsection 1, including, without
limitation, providing such state access to the database of the program or
transmitting information to and receiving information from such state. Any
information provided, received or exchanged as part of an agreement made
pursuant to this section may only be used in accordance with the provisions of
this chapter.

6. Information
obtained from the program relating to a practitioner or a patient is
confidential and, except as otherwise provided by this section and NRS
239.0115, must not be disclosed to any person. That information must be
disclosed:

(a) Upon the request of a person about whom the
information requested concerns or upon the request on behalf of that person by
his or her attorney; or

(b) Upon the lawful order of a court of competent
jurisdiction.

[6.]7. The Board and the Division shall
cooperatively develop a course of training for persons who elect to access the
database of the program pursuant to subsection 2 and require each such person
to complete the course of training before the person is provided with Internet
access to the database pursuant to subsection 2.

[7.]8. A practitioner who is authorized to write prescriptions for
each person who is authorized to dispense controlled substances listed in
schedule II, III or IV who acts with reasonable care when transmitting to the Board or the Division a report or
information required by this section or a regulation adopted pursuant thereto
is immune from civil and criminal liability relating to such action.

9. The
Board and the Division may apply for any available grants and accept any gifts,
grants or donations to assist in developing and maintaining the program
required by this section.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 460ê

CHAPTER 103, SB 131

Senate Bill No. 131–Committee on Health and Human
Services

CHAPTER 103

[Approved:
May 24, 2011]

AN ACT relating to
public health; prescribing priorities for the Health Division of the Department
of Health and Human Services to consider when contracting with laboratories to
perform certain tests of infants; authorizing the State Board of Health to
require the Health Division to provide for services of laboratories to perform
certain tests of infants; and providing other matters properly relating
thereto.

Legislative Counsel’s Digest:

Existing law requires the State Board of Health, upon
recommendation of the State Health Officer, to adopt regulations governing the
examination and testing of infants to discover preventable or inheritable
disorders. (NRS 442.008)

Section 3 of this bill authorizes the State Board
of Health to require the Health Division of the Department of Health and Human
Services to provide for the services of a laboratory to perform tests of
infants. Section 1 of this bill requires the Health Division, when
contracting for such services, to give first priority to the State Public
Health Laboratory, second priority to any other qualified laboratory in this
State and third priority to any qualified laboratory outside of this State that
is capable of performing the tests.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter 442 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, if the State Board of Health requires
the Health Division to provide for the services of a laboratory to determine
the presence of certain preventable or inheritable disorders in an infant
pursuant to NRS 442.008, the Health Division shall contract with a laboratory
in the following order of priority:

(a) The
State Public Health Laboratory;

(b) Any
other qualified laboratory located within this State; or

(c) Any
qualified laboratory located outside of this State.

2. The
Health Division shall not contract with a laboratory in a lower category of
priority unless the Health Division determines that:

(a) A
laboratory in a higher category of priority is not capable of performing all
the tests required to determine the presence of certain preventable or
inheritable disorders in an infant pursuant to NRS 442.008; or

(b) The
cost to the Health Division to contract with a laboratory in a higher category
of priority is not financially reasonable or exceeds the amount of money
available for that purpose.

3. For the
purpose of determining the category of priority of a laboratory only, the Health
Division is not required to comply with any requirement of competitive bidding
or other restriction imposed on the procedure for awarding a contract.

(a) A clinical alcohol and drug abuse counselor who is
licensed, or an alcohol and drug abuse counselor who is licensed or certified,
pursuant to chapter 641C of NRS;

(b) A physician or a physician assistant who is licensed
pursuant to chapter 630 or 633 of NRS and who practices in the area of
obstetrics and gynecology, family practice, internal medicine, pediatrics or
psychiatry;

(c) A licensed nurse;

(d) A licensed psychologist;

(e) A licensed marriage and family therapist;

(f) A licensed clinical professional counselor;

(g) A licensed social worker; or

(h) The holder of a certificate of registration as a
pharmacist.

Sec. 3. NRS 442.008
is hereby amended to read as follows:

442.008 1. The State Board of Health, upon the
recommendation of the State Health Officer[, shall]:

(a) Shall adopt
regulations governing examinations and tests required for the discovery in
infants of preventable or inheritable disorders, including tests for the
presence of sickle cell anemia[.] ; and

(b) May
require the Health Division to provide for the services of a laboratory in
accordance with section 1 of this act to determine the presence of certain
preventable or inheritable disorders in an infant pursuant to this section.

2. Any physician, midwife, nurse, obstetric center or
hospital of any nature attending or assisting in any way any infant, or the
mother of any infant, at childbirth shall make or cause to be made an
examination of the infant, including standard tests, to the extent required by
regulations of the State Board of Health as is necessary for the discovery of conditions
indicating such disorders.

3. If the examination and tests reveal the existence of
such conditions in an infant, the physician, midwife, nurse, obstetric center
or hospital attending or assisting at the birth of the infant shall
immediately:

(a) Report the condition to the State Health Officer or
the representative of the State Health Officer, the local health officer of the
county or city within which the infant or the mother of the infant resides, and
the local health officer of the county or city in which the child is born; and

(b) Discuss the condition with the parent, parents or
other persons responsible for the care of the infant and inform them of the
treatment necessary for the amelioration of the condition.

4. An infant is exempt from examination and testing if
either parent files a written objection with the person or institution
responsible for making the examination or tests.

Sec. 4. 1. The provisions of section 1 of this act
do not apply to any contract entered into before the effective date of this act
between the Health Division of the Department of Health and Human Services and
a laboratory for the provision of services to determine the presence of certain
preventable or inheritable disorders in an infant pursuant to NRS 442.008.

2. Any contract entered into on or after the effective date
of this act between the Health Division and a laboratory for the provision of
such services pursuant to NRS 442.008 must comply with the provisions of
section 1 of this act.

Sec. 5. This act becomes effective upon passage and
approval.

________

CHAPTER 104, SB 232

Senate Bill No. 232–Senators Lee; and McGinness

Joint Sponsor: Assemblyman Hammond

CHAPTER 104

[Approved:
May 24, 2011]

AN ACT relating to
land use planning; removing certain tracts of local governmental and private
land from the state definition of the Spring Mountains National Recreation
Area; providing that such tracts may only be used for facilities and operations
related to outdoor recreational activities; prohibiting a local government from
authorizing certain types of development on such tracts; and providing other
matters properly relating thereto.

Legislative Counsel’s Digest:

Existing state law defines the boundaries of the Spring
Mountains National Recreation Area. (Section 7 of chapter 198, Statutes of
Nevada 2009, pp. 735-36) Within the boundaries of the Spring Mountains National
Recreation Area, local governments are restricted from exercising certain
powers of land use and zoning. (NRS 244.154, 268.105, 269.617, 278.0239)

This bill removes four tracts of nonfederal land from
the defined boundaries of the Spring Mountains National Recreation Area. This
bill also provides that such tracts may only be used for facilities and
operations related to outdoor recreational activities. Finally, this bill
prohibits a local government from authorizing any of the following on such tracts:
(1) certain types of transient lodging; (2) gas stations; (3) grocery stores;
(4) restaurant franchises; and (5) residential development of more than 1 home
per 2 acres.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

2. “Spring Mountains National Recreation Area” does
not include the following tracts of land:

(a) Clark County Parcel: Beginning at a point
500 feet south of the north quarter corner of section 10, Township 19 South,
Range 56 East, MDM, and running thence west 871.20 feet; thence south 250 feet;
thence east 871.20 feet; thence north 250 feet to the point of beginning.

(b) Parcel I: That portion of the south half (S
1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4) and
that portion of the northeast quarter (NE 1/4) of the southeast quarter (SE
1/4) of section 3, Township 19 South, Range 56 East, MDM, according to the
original survey of Township 19 South, Range 56 East, MDM, approved October 14,
1881 (said approved parcels now being a portion of Government Tract 40 according
to independent resurvey of Township 19 South, Range 56 East, approved January
25, 1939), lying northerly of the northwest line of State Highway Route No. 52,
the whole of which is more particularly described as follows: Beginning at the
point of intersection of the aforementioned northeast line of State Highway
Route No. 52 with the west line of said Tract 40; thence north 39°39′ east a distance of 697.67 feet
to tan angle point of said northwest line; thence north 40°50′24″ east a distance of
90.00 feet to a point; thence on a straight line to the northwest corner of the
aforementioned south half (S 1/2) of the southeast quarter (SE 1/4) of the
northeast quarter (NE 1/4) of said section 3, said point also being a point on
the west line of said Tract 40; thence southerly along the last mentioned west
line to the point of beginning.

(c) Parcel II: All that portion of the south
half (S 1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE
1/4), together with all of that portion of the northeast quarter (NE 1/4) of
the southeast quarter (SE 1/4) of section 3, Township 19 South, Range 56 East,
MDM, according to the original survey of Township 19 South, Range 56 East, MDM,
approved October 14, 1881 (said parcel now being a portion of Government Tract
40 according to independent resurvey of Township 19 South, Range 56 East,
approved January 25, 1939), lying southerly of the southwest line of State
Highway Route No. 52.

(1) Excepting therefrom all of said land lying
within the boundaries of Camp Lady of the Snows, as shown by map thereof on
file in Book 5 of Plats, Page 45, in the Office of the County Recorder of Clark
County, Nevada.

sections 2, 3, 10 and 11, Township 19 South, Range 56 East,
MDM; thence north 72°23′27″
east, 482.61 feet to corner no. 4 of said Tract, the true point of beginning;
thence north along the boundary line of said Tract 40, 659 feet to a point on
the southeasterly right-of-way line of State Highway Route No. 52; thence north
39°39′ east along said right-of-way
line 568 feet; thence south 50°21′ east 200 feet; thence north 39°39′ east 100 feet; thence south 32°40′ east 308 feet to a point on
the boundary line of Block 1 of Camp Lady of the Snows, as shown in Book 5 of
Plats, Page 45, Clark County, Nevada Records; thence following said boundary
line the following courses and distances: south 57°35′ west 90 feet; south 28°43′ west 261 feet; south 29°40′ west 276 feet; south 1°45′ west 155 feet; south 10°24′ east 131 feet; thence leaving
said boundary line, west 443.5 feet to the true point of beginning.

(3) Further excepting therefrom that portion of
Government Tract 40 according to independent resurvey of Township 19 South,
Range 56 East, MDM, approved January 25, 1939, more particularly described as
follows: Commencing at G.L.O. brass cap common to sections 2, 3, 10 and 11,
Township 19 South, Range 56 East, MDM; thence north 72°23′27″ east a distance of
482.61 feet to the brass cap for corner no. 4 of Tract 40; thence due north 659
feet to the intersection of the highway right-of-way; thence along highway
right-of-way which bears north 39°39′ east a distance of 538 feet to the center of
entering road to Camp Lady of the Snows Recreation Ground; thence continuing on
this bearing a distance of 30 feet to the true point of beginning; thence south
18°35′ a distance of 200 feet; thence
north 39°39′
east a distance of 100 feet; thence north 18°35′ west a distance of 200 feet to highway
right-of-way on east side of highway; thence south 39°39′ west along highway
right-of-way to the true point of beginning.

(d) Parcel III: That portion of Tract 40
according to independent resurvey of a portion of section 2, Township 19 South,
Range 56 East, MDM, approved January 25, 1939, Clark County, Nevada, described
as follows: Commencing at the southwest corner of section 2 of said Township
and Range; thence north 72°23′27″ east a distance of 482.61 feet to cap of
said Tract 40; thence north along the west line of said Tract 40 a distance of
659 feet to a point on the easterly right-of-way line of State Highway 52;
thence along said easterly right-of-way line north 39°39′ east a distance of 60 feet to
the true point of beginning; thence right angles south 50°21′ east a distance of 162 feet to
a point; thence south 64°30′31″ east 385.72 feet to a point on the
westerly boundary line of Camp Lady of the Snows subdivision as shown by map
thereof on file in Book 5 of Plats, Page 45, in the Office of the County
Recorder of Clark County, Nevada; thence north 29°40′ east 101.02 feet to a point;
thence continuing along said Camp Lady of the Snows westerly line north 28°43′ east a distance of 261.0 feet
to a point; thence north 57°35′ east along said westerly line of said Camp Lady of
the Snows to a point which is the most northerly corner of Lot 11, Block 1, of
said Camp Lady of the Snows subdivision; thence north 36°31′57″ west a distance of
308+ feet; thence south 39°39′ west a distance of 100 feet; thence north 50°21′ west 35+ feet; thence south 39°39′ west a distance of 100 feet; thence north 18(35′ west 200
feet to a point on the easterly right-of-way line of said Highway 52; thence
south 39(39′ west a distance of 500 feet to the true point of beginning.

west a distance of 100 feet; thence north 18°35′ west 200 feet to a point on
the easterly right-of-way line of said Highway 52; thence south 39°39′ west a distance of 500 feet to
the true point of beginning.

(1) Subject to an easement for a well site
25′ x 25′ square, the north and south lines of which are parallel
with each other and run south 50°21′ east, and the center which are parallel with each
other and run south 50°21′
east and the center of which square is an existing well located a point north
34°50′ east 984.30 feet from the
southwest corner of said section 2.

(2) Subject further to an easement for a public
roadway and other purposes, 15 feet wide along the southerly boundary of the
above described tract, commencing at said true point of beginning and running
south 50°21′
east a distance of 130+ feet to a point on the southerly boundary of said tract
which is south 39°39′
west from said existing well; thence as an easement 30 feet wide, the center
line of which runs north 39°39′ east from said last described point to said well
site.

(3) Subject further to an easement for an
existing water line 4 feet wide running southeasterly from said well site to a
point on the southerly boundary line of said tract.

(4) Subject further to an easement in favor of
the defendant, his or her heirs and assigns, within the last described roadway
easement, for a water line 4 feet wide along the center line of the roadway
easements hereinabove described, plus a 4 feet wide easement from said well to
said southerly boundary line, and plus a 4 feet wide easement running from said
true point of beginning along the westerly boundary line of the above described
tract and along the easterly right-of-way of said Highway 52, a distance of 508
feet.

Sec. 2. 1. Notwithstanding any provision of law to
the contrary, a local government shall not, in regulating the use of those
lands described in subsection 2 of section 7 of chapter 198, Statutes of Nevada
2009, at page 735, as amended by section 1 of this act, authorize any of the
following:

(a) A hotel, inn, motel, motor court, boardinghouse or
lodging house.

(b) A gas station retailer.

(c) A store which is principally devoted to the sale of
consumable products or food for human consumption off the premises of the
store. The provisions of this paragraph do not prohibit the operation of a
snack bar for the dispensing of foodstuffs and beverages.

(d) A restaurant franchise.

(e) Any residential development of more than 1 home per 2
acres.

2. Notwithstanding any provision of law to the contrary, the
Nevada Gaming Commission shall not issue a license for any land described in
subsection 2 of section 7 of chapter 198, Statutes of Nevada 2009, at page 735,
as amended by section 1 of this act.

3. Notwithstanding any provision of law to the contrary,
lands described in subsection 2 of section 7 of chapter 198, Statutes of Nevada
2009, at page 735, as amended by section 1 of this act, may only be used for
facilities and operations related to outdoor recreational activities.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 467ê

CHAPTER 105, SB 280

Senate Bill No. 280–Senators Brower; Breeden, Manendo
and McGinness

Joint Sponsors: Assemblymen Anderson; and Grady

CHAPTER 105

[Approved:
May 24, 2011]

AN ACT relating to
veterans; revising provisions governing the use of money from the Gift Account
for Veterans; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, special fees collected from the
issuance and renewal of certain special license plates are deposited into the
Gift Account for Veterans and may be used only for the support of outreach
programs and services for veterans and their families. (NRS 417.145, 482.3763,
482.3764) This bill revises the provisions governing the use of money from the
Gift Account for Veterans to clarify that the Executive Director for Veterans’
Services is responsible for determining whether a particular use of money is
allowable for the support of outreach programs or services for veterans and
their families, or both.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS 417.145 is hereby amended to read as
follows:

417.145 1. The Veterans’ Home Account is hereby
established in the State General Fund.

2. Money received from:

(a) Payments made by the United States Department of
Veterans Affairs for veterans who receive care in a veterans’ home;

(b) Other payments for medical care and services;

(c) Appropriations made by the Legislature for veterans’
homes;

(d) Federal grants and other money received pursuant to
paragraph (c) of subsection 1 of NRS 417.147;

(e) Money collected pursuant to the schedule of rates
established pursuant to subsection 2 of NRS 417.147 for occupancy of rooms at
veterans’ homes; and

(f) Except as otherwise provided in subsection 7, gifts
of money and proceeds derived from the sale of gifts of personal property for
the use of veterans’ homes, if the use of those gifts has not been restricted
by the donor,

Ê must be
deposited with the State Treasurer for credit to the Veterans’ Home Account.

3. Interest and income must not be computed on the
money in the Veterans’ Home Account.

4. The Veterans’ Home Account must be administered by
the Executive Director, with the advice of the administrators, and except as
otherwise provided in paragraph (c) of subsection 1 of NRS 417.147, the money
deposited in the Veterans’ Home Account may only be expended for:

(a) The establishment, management, maintenance and
operation of veterans’ homes;

(c) The solicitation of other sources of money to fund a
veterans’ home; and

(d) The purpose of informing the public about issues
concerning the establishment and uses of a veterans’ home.

5. Except as otherwise provided in subsection 7, gifts
of personal property for the use of veterans’ homes:

(a) May be sold or exchanged if the sale or exchange is
approved by the State Board of Examiners; or

(b) May be used in kind if the gifts are not appropriate
for conversion to money.

6. All money in the Veterans’ Home Account must be paid
out on claims approved by the Executive Director as other claims against the
State are paid.

7. The Gift Account for Veterans’ Homes is hereby
established in the State General Fund. Gifts of money or personal property
which the donor has restricted to one or more uses at a veterans’ home must be
used only in the manner designated by the donor. Gifts of money which the donor
has restricted to one or more uses at a veterans’ home must be deposited with
the State Treasurer for credit to the Gift Account for Veterans’ Homes. The
interest and income earned on the money in the Gift Account for Veterans’
Homes, after deducting any applicable charges, must be credited to the Gift
Account for Veterans’ Homes. Any money remaining in the Gift Account for
Veterans’ Homes at the end of each fiscal year does not lapse to the State
General Fund, but must be carried forward into the next fiscal year.

8. The Gift Account for Veterans is hereby created in
the State General Fund. The Executive Director shall administer the Gift
Account for Veterans. The money deposited in the Gift Account for Veterans pursuant
to NRS 482.3764 may only be used for the support of outreach programs [and]or services for
veterans and their families[.], or both, as determined by the
Executive Director. The interest and income earned on the money
in the Gift Account for Veterans, after deducting any applicable charges, must
be credited to the Gift Account for Veterans. All money in the Gift Account for
Veterans must be paid out on claims approved by the Executive Director as other
claims against the State are paid. Any money remaining in the Gift Account for
Veterans at the end of each fiscal year does not lapse to the State General
Fund, but must be carried forward into the next fiscal year.

9. The Executive Director shall, on or before August 1
of each year, prepare and submit to the Interim Finance Committee a report
detailing the expenditures made from the Gift Account for Veterans’ Homes and
the Gift Account for Veterans.

Sec. 2. This act becomes effective upon passage and
approval.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 469ê

CHAPTER 106, SB 302

Senate Bill No. 302–Senator Hardy

CHAPTER 106

[Approved:
May 24, 2011]

AN ACT relating to
crimes; prohibiting the sale of black powder and smokeless gunpowder to certain
persons; providing a penalty; and providing other matters properly relating
thereto.

Legislative Counsel’s Digest:

Under federal law, it is a crime for licensed importers,
manufacturers, dealers or collectors of firearms or ammunition to sell or
deliver any firearm or ammunition: (1) to a person who the licensee knows or
reasonably believes is under 18 years of age; or (2) if the firearm is not a
shotgun or rifle or the ammunition is not for use in a shotgun or rifle, to a
person who the licensee knows or reasonably believes is under 21 years of age.
(18 U.S.C. § 922(b)(1)) This bill similarly makes it unlawful for a person to
distribute: (1) black powder to a person who is under 18 years of age; or (2)
smokeless gunpowder to a person who is under 18 years of age or, if such
smokeless gunpowder is not intended for use in a rifle or shotgun, to a person
who is under 21 years of age. A person who violates any such provision is
guilty of a misdemeanor, punishable by a fine of up to $500.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter
476 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as
otherwise provided in subsection 2, any person who distributes:

(a) Black powder
to a person under the age of 18 years; or

(b) Smokeless
gunpowder to a person:

(1) Under
the age of 18 years; or

(2) Under
the age of 21 years, if the smokeless gunpowder is intended for use other than
in a rifle or shotgun,

Ê is guilty of a misdemeanor and
shall be punished by a fine of not more than $500.

2. A
person shall be deemed to be in compliance with the provisions of subsection 1
if, before the person distributes black powder or smokeless gunpowder to
another person, the person:

(a) Asks the other person to declare the intended use for the
black powder or smokeless gunpowder;

(b) Demands that the other person present a
valid driver’s license or other written or documentary evidence which shows
that the other person meets the appropriate age
requirement set forth in subsection 1;

(c) Is presented a valid driver’s license or other written or
documentary evidence which shows that the other person meets the appropriate age requirement set forth in
subsection 1; and

(d) Reasonably relies upon the declaration
of intended use by the other person and the driver’s license or other written or documentary evidence
presented by the other person.

3. As used
in this section, “distribute” has the meaning ascribed to it in NRS 476.010.

________

CHAPTER 107, SB 318

Senate Bill No. 318–Senators Parks; and Manendo

Joint Sponsors: Assemblymen Pierce; and Ohrenschall

CHAPTER 107

[Approved:
May 24, 2011]

AN ACT relating to
motor vehicles; establishing provisions for new school buses purchased on and
after July 1, 2014, governing the permissible flammability of occupant seating
and plastic components contained within the engine compartments of the school
buses; providing a penalty; and providing other matters properly relating
thereto.

Legislative Counsel’s Digest:

Existing law establishes safety standards for school
buses by setting forth the required condition and equipment of those school
buses. Under existing law, it is a misdemeanor to violate a provision of law
relating to the safety of school buses. (NRS 392.400, 392.410, 394.190) This
bill provides that new school buses which are purchased on and after July 1,
2014, must meet certain enumerated standards relating to: (1) the flammability
of occupant seating; and (2) the flammability of plastic components contained
within the engine compartment.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
392 of NRS is hereby amended by adding thereto a new section to read as
follows:

On and after
January 1, 2014, with respect to any new school bus which is purchased by a
school district to transport pupils, the school bus must meet the following
standards in addition to being equipped as required by the regulations of the
State Board:

1. Occupant
seating within the school bus must be tested in accordance with either:

(b) The School
Bus Seat Upholstery Fire Block Test established by the National School
Transportation Specifications and Procedures adopted at the most recent
National Congress on School Transportation.

2. For the
purposes of subsection 1, such testing must be conducted on a complete seat
assembly inside a test room or school bus, and occupant seating shall be deemed
to have failed the ASTM E1537 test or Fire Block Test, as applicable, if:

3. Each plastic
component contained in the engine compartment of a new school bus which is
purchased by a school district on and after July 1, 2014, to transport pupils
must meet a V-0 classification when tested in accordance with the Underwriters
Laboratories Inc. Standard 94, “the Standard for Safety of Flammability of
Plastic Materials for Parts in Devices and Appliances testing.”

Sec. 2. NRS 392.400
is hereby amended to read as follows:

392.400 1. All vehicles used in the transportation of
pupils must be:

(a) In good condition and state of repair.

(b) Well equipped, and must contain sufficient room and
seats so that the driver and each pupil being transported have a seat inside
the vehicle. Each pupil shall remain seated when the vehicle is in motion.

(c) Inspected semiannually by the Department of Public
Safety to ensure that the vehicles are mechanically safe and meet the minimum
specifications established by the State Board. The Department of Public Safety
shall make written recommendations to the superintendent of schools of the
school district wherein any such vehicle is operating for the correction of any
defects discovered thereby.

2. If the superintendent of schools fails or refuses to
take appropriate action to have the defects corrected within 10 days after
receiving notice of them from the Department of Public Safety, the
superintendent is guilty of a misdemeanor, and upon conviction thereof may be
removed from office.

3. Except as otherwise provided in subsection 4, all
vehicles used for transporting pupils must meet the specifications established
by regulation of the State Board.

4. [Any]Except as otherwise provided in this subsection, any bus
which is purchased and used by a school district to transport pupils to and
from extracurricular activities is exempt from the specifications adopted by
the State Board if the bus meets the federal safety standards for motor
vehicles which were applicable at the time the bus was manufactured and
delivered for introduction in interstate commerce. On and after January 1, 2014, any new school bus which is purchased by a school district to
transport pupils must meet the standards set forth in section 1 of this act.

5. Any person violating any of the requirements of this
section is guilty of a misdemeanor.

Sec. 3. NRS 392.410 is hereby amended to read
as follows:

392.410 1. Except as otherwise provided in this
subsection, every school bus operated for the transportation of pupils to or
from school must be equipped with:

(a) A system of flashing red lights of a type approved
by the State Board and installed at the expense of the school district or
operator. Except as otherwise provided in subsection 2, the driver shall
operate this signal:

(1) When the bus is stopped to unload pupils.

(2) When the bus is stopped to load pupils.

(3) In times of emergency or accident, when
appropriate.

(b) A mechanical device, attached to the front of the
bus which, when extended, causes persons to walk around the device. The device
must be approved by the State Board and installed at the expense of the school district or operator.

district or operator. The driver shall operate the device
when the bus is stopped to load or unload pupils. The installation of such a
mechanical device is not required for a school bus which is used solely to
transport pupils with special needs who are individually loaded and unloaded in
a manner which does not require them to walk in front of the bus. The
provisions of this paragraph do not prohibit a school district from upgrading
or replacing such a mechanical device with a more efficient and effective
device that is approved by the State Board.

2. A driver may stop to load and unload pupils in a
designated area without operating the system of flashing red lights required by
subsection 1 if the designated area:

(a) Has been designated by a school district and
approved by the Department;

(b) Is of sufficient depth and length to provide space
for the bus to park at least 8 feet off the traveled portion of the roadway;

(c) Is not within an intersection of roadways;

(d) Contains ample space between the exit door of the
bus and the parking area to allow safe exit from the bus;

(e) Is located so as to allow the bus to reenter the
traffic from its parked position without creating a traffic hazard; and

(f) Is located so as to allow pupils to enter and exit
the bus without crossing the roadway.

3. In addition to the equipment required by subsection
1 and except as otherwise provided in subsection 4 of NRS 392.400, each school
bus must [be]:

(a) Be equipped
and identified as required by the regulations of the State Board[.] ; and

(b) If the bus is a new bus purchased by a school district on and after January 1, 2014, to transport pupils, meet the standards set forth in section 1 of this act.

4. The agents and employees of the Department of Motor
Vehicles shall inspect school buses to determine whether the provisions of this
section concerning equipment and identification of the school buses have been
complied with, and shall report any violations discovered to the superintendent
of schools of the school district wherein the vehicles are operating.

5. If the superintendent of schools fails or refuses to
take appropriate action to correct any such violation within 10 days after
receiving notice of it from the Department of Motor Vehicles, the
superintendent is guilty of a misdemeanor, and upon conviction must be removed
from office.

6. Any person who violates any of the provisions of
this section is guilty of a misdemeanor.

Sec. 4. NRS 394.190
is hereby amended to read as follows:

394.190 1. The provisions of NRS 392.400 and 392.410
relating to the condition, equipment and identification of vehicles used for
the transportation of pupils apply to private schools.

2. On and
after January 1, 2014, with respect to any new school bus purchased to transport
pupils, the
standards for school buses set forth in section 1 of this act apply to private
schools.

3. All
such vehicles are subject to inspection at all times by agents and employees of
the Department of Motor Vehicles, who shall report any violations discovered
thereby to the executive head of the private school.

[3.] 4. If the executive head of the private
school fails or refuses to take appropriate action to correct any such
violation within 10 days after receiving the report from the Department of
Motor Vehicles, the executive head is guilty of a misdemeanor.

Sec. 5. This act becomes effective on July 1, 2011.

________

CHAPTER 108, SB 396

Senate Bill No. 396–Committee on Government Affairs

CHAPTER 108

[Approved:
May 24, 2011]

AN ACT relating to
motor vehicles; requiring that the additional funds generated by the special
license plates for the support of the natural environment of the Mount
Charleston area be administered and distributed by the Board of County
Commissioners of Clark County, with the advice of the Mount Charleston Town
Advisory Board or its successor, rather than by the Administrator of the
Division of State Lands of the State Department of Conservation and Natural
Resources; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the issuance of special
license plates for the support of the natural environment of the Mount
Charleston area, creates an account for those license plates, requires the
Administrator of the Division of State Lands of the State Department of
Conservation and Natural Resources to administer the account and allows the
Administrator to provide grants from the account. (NRS 321.5959, 482.37935)
This bill: (1) eliminates the Account for License Plates for the Support of the
Natural Environment of the Mount Charleston Area; (2) requires that the
additional funds generated by those special license plates be distributed
directly, on a quarterly basis, to the Board of County Commissioners of Clark
County; and (3) requires the Board of County Commissioners, with the advice of
the Mount Charleston Town Advisory Board or its successor, to use and grant the
money so distributed to it only for the support of programs for the natural
environment of the Mount Charleston area. Thus, this bill does not change the
permissible uses of the additional funds generated by the special license
plates for the support of the natural environment of the Mount Charleston area.
Rather, it simply changes the identity of the governmental entity entrusted to
administer and distribute those funds. This bill also provides, however, that
programs and projects in effect on, and grants made before, the effective date
of this bill (July 1, 2011) must be continued or expended, as applicable, under
the supervision of the Administrator of the Division of State Lands.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
482.37935 is hereby amended to read as follows:

482.37935 1. Except as otherwise provided in this
subsection, the Department, in cooperation with the Division of State Lands of
the State Department of Conservation and Natural Resources, shall design,
prepare and issue license plates for the support of the natural environment of
the Mount Charleston area using any colors that the
Department deems appropriate.

Mount Charleston area using any colors that the Department
deems appropriate. The design of the license plates must include a depiction of
Mount Charleston and its surrounding area. The Department shall not design,
prepare or issue the license plates unless it receives at least 250
applications for the issuance of those plates.

2. If the Department receives at least 250 applications
for the issuance of license plates for the support of the natural environment
of the Mount Charleston area, the Department shall issue those plates for a
passenger car or light commercial vehicle upon application by a person who is
entitled to license plates pursuant to NRS 482.265 and who otherwise complies
with the requirements for registration and licensing pursuant to this chapter.
A person may request that personalized prestige license plates issued pursuant
to NRS 482.3667 be combined with license plates for the support of the natural
environment of the Mount Charleston area if that person pays the fees for the
personalized prestige license plates in addition to the fees for the license
plates for the support of the natural environment of the Mount Charleston area
pursuant to subsections 3 and 4.

3. The fee for license plates for the support of the
natural environment of the Mount Charleston area is $35, in addition to all
other applicable registration and license fees and governmental services taxes.
The license plates are renewable upon the payment of $10.

4. In addition to all other applicable registration and license fees
[for the license, registration] and
governmental services taxes[,] and the fee prescribed in subsection 3,
a person who requests a set of license plates for the support of the natural
environment of the Mount Charleston area must pay for the initial issuance of
the plates an additional fee of $25 and for each renewal of the plates an
additional fee of $20 ,
to [finance projects for the natural environment of the Mount
Charleston area.] be distributed pursuant to subsection 5.

5. The Department shall deposit the fees collected
pursuant to subsection 4 with the State Treasurer for credit to the [Account
for License Plates for the Support of the Natural Environment of the Mount
Charleston Area created pursuant to NRS 321.5959.] State General Fund. The State Treasurer
shall, on a quarterly basis, distribute the fees deposited pursuant to this
subsection to the Board
of County Commissioners of Clark County. The fees distributed pursuant to this subsection:

(a) May be
used by the Board of County Commissioners, with
the advice of the Mount
Charleston Town Advisory Board or its successor,
only:

(1) For
the support of programs for the natural environment of the Mount Charleston
area, including, without limitation, programs to improve the wildlife habitat,
the ecosystem, the forest, public access to the area and its recreational use.

(2) To
make grants to governmental entities and nonprofit organizations to carry out
the programs described in subparagraph (1).

(b) Must
not be used to replace or supplant money available from other sources.

6. If, during a registration year, the holder of
license plates issued pursuant to the provisions of this section disposes of
the vehicle to which the plates are affixed, the holder [may retain]shall:

(a) Affix] affix them to another
vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration [fees
are paid as set out in this chapter;]fee or governmental services tax due pursuant to NRS
482.399; or

(b) Within 30 days after removing the plates from the
vehicle, return them to the Department.

Sec. 2. (Deleted by amendment.)

Sec. 3. NRS 321.5959 is hereby repealed.

Sec. 4. The provisions of NRS 354.599 do not apply to
any additional expenses of a local government that are related to the
provisions of this act.

Sec. 5. 1. On July 1, 2011, or as soon as
practicable thereafter, the Administrator shall cause to be transferred to the
Board any money that was in the Account at the end of the day on June 30, 2011.
Any money so transferred may be used only for the purposes set forth in
subsection 5 of NRS 482.37935, as amended by section 1 of this act.

2. As used in this section:

(a) “Account” means the Account for License Plates for the
Support of the Natural Environment of the Mount Charleston Area, created by NRS
321.5959.

(b) “Administrator” means the Administrator of the Division
of State Lands of the State Department of Conservation and Natural Resources.

(c) “Board” means the Board of County Commissioners of Clark
County.

Sec. 6. Notwithstanding the amendatory
provisions of this act:

1. Each program or project for the support of the natural
environment of the Mount Charleston area that was commenced before July 1,
2011; and

2. Each grant for the support of the natural environment of
the Mount Charleston area that was made before July 1, 2011,

Ê must be continued
or expended, as applicable, under the supervision of the Administrator of the
Division of State Lands of the State Department of Conservation and Natural
Resources. The Board of County Commissioners of Clark County shall, from the
money distributed to it pursuant to subsection 5 of NRS 482.37935, as amended
by section 1 of this act, transfer money to the Administrator as necessary to
carry out the provisions of this section.

Sec. 7. This act becomes effective on July 1, 2011.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 476ê

CHAPTER 109, SB 14

Senate Bill No. 14–Committee on Education

CHAPTER 109

[Approved:
May 24, 2011]

AN ACT relating to
education; requiring the State Board of Education to develop a model curriculum
for the subjects of English language arts and mathematics; providing for the
dissemination of the model curriculum to school districts, charter schools and
the regional training programs for the professional development of teachers and
administrators; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

The National Governors Association Center for Best
Practices and the Council of Chief State School Officers released a set of
national education standards for English language arts and mathematics,
commonly referred to as the “Common Core Standards.” Forty-eight states,
including Nevada, have signed on to participate in the Common Core Standards,
and Nevada will implement those standards in kindergarten through grade 12.
Under existing law, the State Board of Education establishes courses of study
for various subject areas, including English and mathematics. (NRS 389.0185)
The board of trustees of each school district is required to enforce the
academic standards in the schools under its charge, and each charter school is
required to provide instruction in the core academic subjects to the pupils
enrolled in the charter school. (NRS 386.550, 389.019) This bill requires the
State Board to develop a model curriculum for English language arts and
mathematics, which are the two subject areas currently covered by the Common
Core Standards. This bill also requires the Department of Education to provide
each model curriculum to the board of trustees of each school district, the
governing body of each charter school and the governing body of each regional
training program for the professional development of teachers and
administrators. Finally, this bill authorizes the use of the model curriculum
by teachers and administrators in developing class lesson plans and by the
governing body of each regional training program for the professional
development of teachers and administrators in the provision of training.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

Whereas, On June 2, 2010, the National Governors Association
Center for Best Practices and the Council of Chief State School Officers
released a set of education standards for English language arts and
mathematics, commonly referred to as the “Common Core Standards”; and

Whereas, Forty-eight states, including Nevada, have signed on
to participate in the Common Core Standards, which are internationally
benchmarked standards designed to provide a clear understanding of what pupils
are expected to learn so that all pupils in this country have access to a high
quality education and are fully prepared for the future and for competing
successfully in a global economy; and

Whereas, On June 18, 2010, the State Board of Education adopted
the draft of the Common Core Standards, which will be implemented in the public
schools in this State at all grade levels with the appropriate professional
development provided to teachers to ensure their ability to instruct and
monitor the achievement of pupils in the Common Core Standards; and

Whereas, The
adoption and implementation of the Common Core Standards will help guide and
accelerate Nevada’s K-12 public education system into the future by ensuring
that every pupil in this State receives the same standard of education in English
language arts and mathematics and by ensuring that pupils are held to a common
set of expectations and goals regardless of the geographic region or county
within which a pupil attends public school; and

Whereas, As Nevada embarks on this opportunity to accelerate
the achievement of its pupils by implementation of the Common Core Standards,
those standards will need to be translated into classroom teaching in a manner
which will ensure that teachers help all pupils master these new standards; and

Whereas, Throughcollaborative efforts among teachers,
administrators and providers of professional development, with guidance and
assistance from the State Board of Education, the Department of Education and
the regional training programs for the professional development of teachers and
administrators, the rollout and implementation of the Common Core Standards
provides Nevada with the opportunity to gain and share expertise regarding
instructional best practices and effective teaching methods; now, therefore,

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 389 of NRS is hereby amended by adding
thereto a new section to read as follows:

1. The
State Board shall develop a model curriculum for the subject areas of English
language arts and mathematics for each grade level in kindergarten and grades 1
to 12, inclusive.

(b) The
governing body of each regional training program for the professional
development of teachers and administrators.

3. The
Department shall provide to the governing body of each charter school the model
curriculum developed pursuant to subsection 1 for the grade levels taught at
the charter school.

4. The
board of trustees of each school district shall make available to each public
school within the school district the model curriculum for the grade levels
taught at the public school.

5. The
model curriculum may be used as a guide by teachers and administrators in
developing class lesson plans to ensure compliance with the academic standards
adopted for English language arts and mathematics.

6. The
governing body of each regional training program for the professional
development of teachers and administrators may use the model curriculum in the
provision of training to teachers and administrators to ensure compliance with
the academic standards adopted for English language arts and mathematics.

Sec. 2. This act becomes effective on July 1, 2011.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 478ê

CHAPTER 110, AB 68

Assembly Bill No. 68–Committee on Government Affairs

CHAPTER 110

[Approved:
May 24, 2011]

AN ACT relating to
local governments; exempting certain leases of real property from requirements
relating to appraisal and auction; and providing other matters properly
relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth requirements for the sale or
lease of real property by counties and by incorporated cities. In accordance
with these requirements, the board of county commissioners of a county or the
governing body of a city is required, with limited exceptions, to obtain two
independent appraisals of the fair market value of the real property and to
sell or lease the property at publication. (NRS 244.2795, 244.281, 244.283,
268.059, 268.061, 268.062) Sections 1 and 6 of this bill authorize a
county or city to lease real property without satisfying such requirements if
the real property is less than 25,000 square feet and the board of county
commissioners or governing body of a city adopts a resolution stating that the
lease is in the best interest of the county or city.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
268 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
governing body of a city may offer any city-owned building or any portion
thereof or any other real property for lease without complying with the
provisions of NRS 268.059, 268.061 and 268.062 if:

(a) The area of
the building space or other real property is less than 25,000 square feet; and

(b) The
governing body adopts a resolution stating that
it is in the best interest of the city to lease the property:

(1) Without
offering the property to the public; and

(2) For
less than the fair market value of the building space or other real property,
if applicable.

2. The governing body shall:

(a) Cause to be
published at least once, in a newspaper qualified under chapter 238 of NRS that
is published in the county in which the city-owned building or portion thereof
or the other real property is located, a notice setting forth a description of
the city-owned
building or portion thereof or the other real
property proposed to be leased in such a manner as to identify it; and

(b) Hold a
public hearing on the matter not less than 10 or more than 20 days after the
date of publication of the notice.

3. A lease of a city-owned building or any portion thereof or
any other real property pursuant to this section may be made on such terms and
conditions as the governing body of the city deems proper. The duration of such
a lease must not exceed 3 years and may include an extension for not more than
an additional 2 years.

268.059 1. Except as otherwise provided in NRS 268.048
to 268.058, inclusive, 278.479 to 278.4965, inclusive, and subsection [3]4 of NRS 496.080, and section 1 of this act, except
as otherwise required by federal law, except as otherwise required pursuant to
a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an
interlocal agreement in existence on October 1, 2004, except if the governing
body is entering into a joint development agreement for real property owned by
the city to which the governing body is a party, except for a lease of
residential property with a term of 1 year or less, except for the sale or
lease of real property to a public utility, as defined in NRS 704.020, to be
used for a public purpose, except for the sale or lease of real property to the
State or another governmental entity and except for the sale or lease of real
property larger than 1 acre which is approved by the voters at a primary or
general election, primary or general city election or special election, the
governing body shall, when offering any real property for sale or lease:

(a) Except as otherwise provided in this paragraph,
obtain two independent appraisals of the real property before selling or
leasing it. If the governing body holds a public hearing on the matter of the
fair market value of the real property, one independent appraisal of the real
property is sufficient before selling or leasing it. The appraisal or
appraisals, as applicable, must be based on the zoning of the real property as
set forth in the master plan for the city and must have been prepared not more
than 6 months before the date on which real property is offered for sale or
lease.

(b) Select the one independent appraiser or two
independent appraisers, as applicable, from the list of appraisers established
pursuant to subsection 2.

(c) Verify the qualifications of each appraiser selected
pursuant to paragraph (b). The determination of the governing body as to the
qualifications of the appraiser is conclusive.

2. The governing body shall adopt by ordinance the
procedures for creating or amending a list of appraisers qualified to conduct
appraisals of real property offered for sale or lease by the governing body.
The list must:

(a) Contain the names of all persons qualified to act as
a general appraiser in the same county as the real property that may be
appraised; and

(b) Be organized at random and rotated from time to
time.

3. An appraiser chosen pursuant to subsection 1 must
provide a disclosure statement which includes, without limitation, all sources
of income of the appraiser that may constitute a conflict of interest and any
relationship of the appraiser with the property owner or the owner of an
adjoining property.

4. An appraiser shall not perform an appraisal on any
real property offered for sale or lease by the governing body if the appraiser
or a person related to the appraiser within the first degree of consanguinity
or affinity has an interest in the real property or an adjoining property.

5. If real property is sold or leased in violation of
the provisions of this section:

(b) Any change to an ordinance or law governing the
zoning or use of the real property is void if the change takes place within 5
years after the date of the void sale or lease.

Sec. 3. NRS 268.061
is hereby amended to read as follows:

268.061 1. Except as otherwise provided in this
subsection and NRS 268.048 to 268.058, inclusive, 268.063, 278.479 to 278.4965,
inclusive, and subsection [3]4 of NRS 496.080, and section 1 of this act, except as otherwise
provided by federal law, except as otherwise required pursuant to a cooperative
agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal
agreement in existence on October 1, 2004, except if the governing body is
entering into a joint development agreement for real property owned by the city
to which the governing body is a party, except for a lease of residential
property with a term of 1 year or less, except for the sale or lease of real
property to a public utility, as defined in NRS 704.020, to be used for a
public purpose and except for the sale or lease of real property larger than 1
acre which is approved by the voters at a primary or general election, primary
or general city election or special election:

(a) If a governing body has determined by resolution
that the sale or lease of any real property owned by the city will be in the
best interest of the city, it may sell or lease the real property in the manner
prescribed for the sale or lease of real property in NRS 268.062.

(b) Before the governing body may sell or lease any real
property as provided in paragraph (a), it shall:

(1) Post copies of the resolution described in
paragraph (a) in three public places in the city; and

(2) Cause to be published at least once a week for
3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is
published in the county in which the real property is located, a notice setting
forth:

(I) A description of the real property
proposed to be sold or leased in such a manner as to identify it;

(II) The minimum price, if applicable, of the
real property proposed to be sold or leased; and

(III) The places at which the resolution
described in paragraph (a) has been posted pursuant to subparagraph (1), and
any other places at which copies of that resolution may be obtained.

Ê If no
qualified newspaper is published within the county in which the real property
is located, the required notice must be published in some qualified newspaper
printed in the State of Nevada and having a general circulation within that
county.

(c) If the governing body by its resolution finds
additionally that the real property to be sold is worth more than $1,000, the
governing body shall, as applicable, conduct an appraisal or appraisals
pursuant to NRS 268.059 to determine the value of the real property. Except for
real property acquired pursuant to NRS 371.047, the governing body shall not
sell or lease it for less than the highest appraised value.

(d) If the real property is appraised at $1,000 or more,
the governing body may:

(II) Not less than 25 percent cash down and
upon deferred payments over a period of not more than 10 years, secured by a
mortgage or deed of trust bearing such interest and upon such further terms as
the governing body may specify.

(e) A governing body may sell or lease any real property
owned by the city without complying with the provisions of this section and NRS
268.059 and 268.062 to:

(1) A person who owns real property located
adjacent to the real property to be sold or leased if the governing body has
determined by resolution that the sale or lease will be in the best interest of
the city and the real property is a:

(I) Remnant that was separated from its
original parcel due to the construction of a street, alley, avenue or other
thoroughfare, or portion thereof, flood control facility or other public
facility;

(II) Parcel that, as a result of its size, is
too small to establish an economically viable use by anyone other than the
person who owns real property adjacent to the real property offered for sale or
lease; or

(III) Parcel which is subject to a deed
restriction prohibiting the use of the real property by anyone other than the
person who owns real property adjacent to the real property offered for sale or
lease.

(2) The State or another governmental entity if:

(I) The sale or lease restricts the use of
the real property to a public use; and

(II) The governing body adopts a resolution
finding that the sale or lease will be in the best interest of the city.

(f) A governing body that disposes of real property
pursuant to paragraph (e) is not required to offer to reconvey the real
property to the person from whom the real property was received or acquired by
donation or dedication.

(g) If real property that is offered for sale or lease
pursuant to this section is not sold or leased at the initial offering of the
contract for the sale or lease of the real property, the governing body may
offer the real property for sale or lease a second time pursuant to this
section. If there is a material change relating to the title, zoning or an
ordinance governing the use of the real property, the governing body must
obtain a new appraisal of the real property pursuant to the provisions of NRS
268.059 before offering the real property for sale or lease a second time. If
real property that is offered for sale or lease pursuant to this section is not
sold or leased at the second offering of the contract for the sale or lease of
the real property, the governing body may list the real property for sale or
lease at the appraised value with a licensed real estate broker, provided that
the broker or a person related to the broker within the first degree of
consanguinity or affinity does not have an interest in the real property or an
adjoining property.

2. If real property is sold or leased in violation of
the provisions of this section:

(b) Any change to an ordinance or law governing the
zoning or use of the real property is void if the change takes place within 5
years after the date of the void sale or lease.

Sec. 4. NRS 268.062
is hereby amended to read as follows:

268.062 1. Except as otherwise provided in this
section and NRS 268.048 to 268.058, inclusive, 268.063, 278.479 to 278.4965,
inclusive, and subsection [3]4 of NRS 496.080, and section 1 of this act, except as
otherwise required by federal law, except as otherwise required pursuant to a
cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an
interlocal agreement in existence on October 1, 2004, except if the governing
body is entering into a joint development agreement for real property owned by
the city to which the governing body is a party, except for a lease of
residential property with a term of 1 year or less, except for the sale or
lease of real property to a public utility, as defined in NRS 704.020, to be
used for a public purpose and except for the sale or lease of real property
larger than 1 acre which is approved by the voters at a primary or general
election, the governing body shall, in open meeting by a majority vote of the
members and before ordering the sale or lease at auction of any real property,
adopt a resolution declaring its intention to sell or lease the property at
auction. The resolution must:

(a) Describe the property proposed to be sold or leased
in such a manner as to identify it;

(b) Specify the minimum price and the terms upon which
the property will be sold or leased; and

(c) Fix a time, not less than 3 weeks thereafter, for a
public meeting of the governing body to be held at its regular place of
meeting, at which sealed bids will be received and considered.

2. Notice of the adoption of the resolution and of the
time and place of holding the meeting must be given by:

(a) Posting copies of the resolution in three public
places in the county not less than 15 days before the date of the meeting; and

(b) Causing to be published at least once a week for 3
successive weeks before the meeting, in a newspaper qualified under chapter 238
of NRS that is published in the county in which the real property is located, a
notice setting forth:

(1) A description of the real property proposed to
be sold or leased at auction in such a manner as to identify it;

(2) The minimum price of the real property proposed
to be sold or leased at auction; and

(3) The places at which the resolution described
in subsection 1 has been posted pursuant to paragraph (a), and any other places
at which copies of that resolution may be obtained.

Ê If no
qualified newspaper is published within the county in which the real property
is located, the required notice must be published in some qualified newspaper
printed in the State of Nevada and having a general circulation within that
county.

3. At the time and place fixed in the resolution for
the meeting of the governing body, all sealed bids which have been received
must, in public session, be opened, examined and declared by the governing
body. Of the proposals submitted which conform to all terms and conditions
specified in the resolution of intention to sell or lease and which are made by
responsible bidders, the bid which is the highest must be finally accepted,
unless a higher oral bid is accepted or the governing body rejects all bids.

4. Before accepting any written bid, the governing body
shall call for oral bids. If, upon the call for oral bidding, any responsible
person offers to buy or lease the property upon the terms and conditions
specified in the resolution, for a price exceeding by at least 5 percent the
highest written bid, then the highest oral bid which is made by a responsible
person must be finally accepted.

5. The final acceptance by the governing body may be
made either at the same session or at any adjourned session of the same meeting
held within the 21 days next following.

6. The governing body may, either at the same session
or at any adjourned session of the same meeting held within the 21 days next
following, if it deems the action to be for the best public interest, reject
any and all bids, either written or oral, and withdraw the property from sale
or lease.

7. Any resolution of acceptance of any bid made by the
governing body must authorize and direct the chair of the governing body to
execute a deed or lease and to deliver it upon performance and compliance by
the purchaser or lessor with all the terms or conditions of the contract which
are to be performed concurrently therewith.

8. The governing body may require any person requesting
that real property be sold pursuant to the provisions of this section to
deposit a sufficient amount of money to pay the costs to be incurred by the
governing body in acting upon the application, including the costs of
publication and the expenses of appraisal. This deposit must be refunded
whenever the person making the deposit is not the successful bidder. The costs
of acting upon the application, including the costs of publication and the
expenses of appraisal, must be borne by the successful bidder.

9. If real property is sold or leased in violation of
the provisions of this section:

(a) The sale or lease is void; and

(b) Any change to an ordinance or law governing the
zoning or use of the real property is void if the change takes place within 5
years after the date of the void sale or lease.

Sec. 5. (Deleted by amendment.)

Sec. 6. Chapter
244 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The board of
county commissioners may offer any county-owned building or any portion thereof
or any other real property for lease without complying with the provisions of
NRS 244.2795, 244.281 and 244.283 if:

(a) The area of
the building space or other real property is less than 25,000 square feet; and

(b) The board of
county commissioners adopts a resolution stating that it is in the best
interest of the county to lease the property:

(1) Without
offering the property to the public; and

(2) For
less than the fair market value of the building space or other real property,
if applicable.

2. The board of
county commissioners shall:

(a) Cause to be
published at least once, in a newspaper qualified under chapter 238 of NRS that
is published in the county in which the county-owned building or portion
thereof or the other real property is located, a notice setting forth a
description of the county-owned building or portion thereof or the other real
property proposed to be leased in such a manner as to identify it; and

(b) Hold a
public hearing on the matter not less than 10 or more than 20 days after the
date of publication of the notice.

3. A lease of a
county-owned building or any portion thereof or any other real property
pursuant to this section may be made on such terms and conditions as the board
of county commissioners deems proper. The duration of such a lease must not
exceed 3 years and may include an extension for not more than an additional 2
years.

Sec. 7. NRS
244.2795 is hereby amended to read as follows:

244.2795 1. Except as otherwise provided in NRS
244.189, 244.276, 244.279, 244.2825, 244.2835, 244.284, 244.287, 244.290,
278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, and section 6 of this act, except
as otherwise required by federal law, except as otherwise required pursuant to
a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an
interlocal agreement in existence on or before October 1, 2004, except if the
board of county commissioners is entering into a joint development agreement
for real property owned by the county to which the board of county commissioners
is a party, except for a lease of residential property with a term of 1 year or
less, except for the sale or lease of real property to a public utility, as
defined in NRS 704.020, to be used for a public purpose, except for the sale or
lease of real property to the State or another governmental entity and except
for the sale or lease of real property larger than 1 acre which is approved by
the voters at a primary or general election or special election, the board of
county commissioners shall, when offering any real property for sale or lease:

(a) Except as otherwise provided in this paragraph,
obtain two independent appraisals of the real property before selling or
leasing it. If the board of county commissioners holds a public hearing on the
matter of the fair market value of the real property, one independent appraisal
of the real property is sufficient before selling or leasing it. The appraisal
or appraisals, as applicable, must have been prepared not more than 6 months
before the date on which the real property is offered for sale or lease.

(b) Select the one independent appraiser or two
independent appraisers, as applicable, from the list of appraisers established
pursuant to subsection 2.

(c) Verify the qualifications of each appraiser selected
pursuant to paragraph (b). The determination of the board of county
commissioners as to the qualifications of the appraiser is conclusive.

2. The board of county commissioners shall adopt by
ordinance the procedures for creating or amending a list of appraisers
qualified to conduct appraisals of real property offered for sale or lease by
the board. The list must:

(a) Contain the names of all persons qualified to act as
a general appraiser in the same county as the real property that may be
appraised; and

(b) Be organized at random and rotated from time to
time.

3. An appraiser chosen pursuant to subsection 1 must
provide a disclosure statement which includes, without limitation, all sources
of income that may constitute a conflict of interest and any relationship with
the real property owner or the owner of an adjoining real property.

4. An appraiser shall not perform an appraisal on any
real property for sale or lease by the board of county commissioners if the
appraiser or a person related to the appraiser within the first degree of
consanguinity or affinity has an interest in the real property or an adjoining
property.

5. If real property is sold or leased in violation of
the provisions of this section:

(a) The sale or lease is void; and

(b) Any change to an ordinance or law governing the
zoning or use of the real property is void if the change takes place within 5
years after the date of the void sale or lease.

Sec. 8. NRS
244.281 is hereby amended to read as follows:

244.281 1. Except as otherwise provided in this
subsection and NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2835,
244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of
NRS 496.080, and section 6 of this
act, except as otherwise required by federal law, except as
otherwise required pursuant to a cooperative agreement entered into pursuant to
NRS 277.050 or 277.053 or an interlocal agreement in existence on or before
October 1, 2004, except if the board of county commissioners is entering into a
joint development agreement for real property owned by the county to which the
board of county commissioners is a party, except for a lease of residential
property with a term of 1 year or less, except for the sale or lease of real
property to a public utility, as defined in NRS 704.020, to be used for a
public purpose and except for the sale or lease of real property larger than 1
acre which is approved by the voters at a primary or general election or
special election:

(a) When a board of county commissioners has determined
by resolution that the sale or lease of any real property owned by the county
will be for purposes other than to establish, align, realign, change, vacate or
otherwise adjust any street, alley, avenue or other thoroughfare, or portion
thereof, or flood control facility within the county and will be in the best
interest of the county, it may:

(1) Sell the property in the manner prescribed for
the sale of real property in NRS 244.282.

(2) Lease the property in the manner prescribed
for the lease of real property in NRS 244.283.

(b) Before the board of county commissioners may sell or
lease any real property as provided in paragraph (a), it shall:

(1) Post copies of the resolution described in
paragraph (a) in three public places in the county; and

(2) Cause to be published at least once a week for
3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is
published in the county in which the real property is located, a notice setting
forth:

(I) A description of the real property
proposed to be sold or leased in such a manner as to identify it;

(II) The minimum price, if applicable, of the
real property proposed to be sold or leased; and

(III) The places at which the resolution
described in paragraph (a) has been posted pursuant to subparagraph (1), and
any other places at which copies of that resolution may be obtained.

Ê If no
qualified newspaper is published within the county in which the real property
is located, the required notice must be published in some qualified newspaper
printed in the State of Nevada and having a general circulation within that
county.

(c) Except as otherwise provided in this paragraph, if
the board of county commissioners by its resolution further finds that the
property to be sold or leased is worth more than $1,000, the board shall
appoint two or more disinterested, competent real estate appraisers pursuant to
NRS 244.2795 to appraise the property. If the board of county commissioners
holds a public hearing on the matter of the fair market value of the property,
one disinterested, competent appraisal of the property is sufficient before
selling or leasing it. Except for property acquired pursuant to NRS 371.047,
the board of county commissioners shall not sell or lease it for less than the
highest appraised value.

(d) If the property is appraised at $1,000 or more, the
board of county commissioners may:

(1) Lease the property; or

(2) Sell the property either for cash or for not
less than 25 percent cash down and upon deferred payments over a period of not
more than 10 years, secured by a mortgage or deed of trust, bearing such
interest and upon such further terms as the board of county commissioners may
specify.

(e) A board of county commissioners may sell or lease
any real property owned by the county without complying with the provisions of
NRS 244.282 or 244.283 to:

(1) A person who owns real property located
adjacent to the real property to be sold or leased if the board has determined
by resolution that the sale will be in the best interest of the county and the
real property is a:

(I) Remnant that was separated from its
original parcel due to the construction of a street, alley, avenue or other
thoroughfare, or portion thereof, flood control facility or other public
facility;

(II) Parcel that, as a result of its size, is
too small to establish an economically viable use by anyone other than the
person who owns real property adjacent to the real property for sale or lease;
or

(III) Parcel which is subject to a deed
restriction prohibiting the use of the real property by anyone other than the
person who owns real property adjacent to the real property for sale or lease.

(I) The sale or lease restricts the use of
the real property to a public use; and

(II) The board adopts a resolution finding
that the sale or lease will be in the best interest of the county.

(f) A board of county commissioners that disposes of
real property pursuant to paragraph (d) is not required to offer to reconvey
the real property to the person from whom the real property was received or
acquired by donation or dedication.

(g) If real property that is offered for sale or lease
pursuant to this section is not sold or leased at the initial offering of the
contract for the sale or lease of the real property, the board of county
commissioners may offer the real property for sale or lease a second time
pursuant to this section. If there is a material change relating to the title,
zoning or an ordinance governing the use of the real property, the board of
county commissioners must obtain a new appraisal of the real property pursuant
to the provisions of NRS 244.2795 before offering the real property for sale or
lease a second time. If real property that is offered for sale or lease
pursuant to this section is not sold or leased at the second offering of the
contract for the sale or lease of the real property, the board of county
commissioners may list the real property for sale or lease at the appraised
value with a licensed real estate broker, provided that the broker or a person
related to the broker within the first degree of consanguinity or affinity does
not have an interest in the real property or an adjoining property.

2. If real property is sold or leased in violation of
the provisions of this section:

(a) The sale or lease is void; and

(b) Any change to an ordinance or law governing the
zoning or use of the real property is void if the change takes place within 5
years after the date of the void sale or lease.

3. As used in this section, “flood control facility”
has the meaning ascribed to it in NRS 244.276.

Sec. 9. NRS 244.283
is hereby amended to read as follows:

244.283 1. When the board of county commissioners
determines that the lease of real property belonging to the county for
industrial, commercial, residential or recreational purposes is necessary or
desirable, the board may lease such real property, whether acquired by
purchase, dedication or otherwise. Such a lease must not be in contravention of
any condition in a gift or devise of real property to the county.

2. Except as otherwise provided in NRS 244.279[,]and section 6 of this act, before
ordering the lease of any property the board shall, in open meeting by a
majority vote of the members, adopt a resolution declaring its intention to
lease the property. The resolution must:

(a) Describe the property proposed to be leased in such
manner as to identify it.

(b) Specify the minimum rental, and the terms upon which
it will be leased.

(c) Fix a time, not less than 3 weeks thereafter, for a
public meeting of the board to be held at its regular place of meeting, at
which sealed proposals to lease will be received and considered.

3. Notice of the adoption of the resolution and of the
time and place of holding the meeting must be given by:

(a) Posting copies of the resolution in three public
places in the county not less than 15 days before the date of the meeting; and

(b) Publishing the resolution not less than once a week
for 2 successive weeks before the meeting in a newspaper of general circulation
published in the county, if any such newspaper is published therein.

4. At the time and place fixed in the resolution for
the meeting of the board, all sealed proposals which have been received must,
in public session, be opened, examined and declared by the board. Of the
proposals submitted which conform to all terms and conditions specified in the
resolution of intention to lease and which are made by responsible bidders, the
proposal which is the highest must be finally accepted, unless a higher oral
bid is accepted or the board rejects all bids.

5. Before accepting any written proposal, the board
shall call for oral bids. If, upon the call for oral bidding, any responsible
person offers to lease the property upon the terms and conditions specified in
the resolution, for a rental exceeding by at least 5 percent the highest
written proposal, then the highest oral bid which is made by a responsible
person must be finally accepted.

6. A person may not make an oral bid unless, at least 5
days before the meeting held for receiving and considering bids, the person
submits to the board written notice of the person’s intent to make an oral bid
and a statement establishing the person’s financial responsibility to the
satisfaction of the board.

7. The final acceptance by the board may be made either
at the same session or at any adjourned session of the same meeting held within
the 21 days next following.

8. The board may, either at the same session or at any
adjourned session of the same meeting held within the 21 days next following,
if it deems such action to be for the best public interest, reject any and all
bids, either written or oral, and withdraw the property from lease.

9. Any resolution of acceptance of any bid made by the
board must authorize and direct the chair to execute a lease and to deliver it
upon performance and compliance by the lessee with all the terms or conditions
of the lessee’s contract which are to be performed concurrently therewith.

10. All money received from rentals of real property
must be deposited forthwith with the county treasurer to be credited to the
county general fund.

11. This section does not apply to leases of real
property made pursuant to NRS 244.288, 334.070 or 338.177.

AN ACT relating to
contractors; requiring the State Contractors’ Board to issue or authorize the
issuance of a written administrative citation to a person who acts as a
contractor without an active license of the proper classification; and
providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes the State Contractors’ Board to
issue a written administrative citation if the Board, based upon a
preponderance of the evidence, has reason to believe that a person has violated
any provision of statute or any administrative regulation governing
contractors. (NRS 624.341) Section 1 of this bill requires the Board to
issue such a citation if a person has acted as a contractor without an active
license of the proper classification. Section 3 of this bill revises the
definition of “contractor” as it pertains to public works. (NRS 338.010)

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT
AS FOLLOWS:

Section 1. NRS
624.341 is hereby amended to read as follows:

624.341 1. If the Board or its designee, based upon a
preponderance of the evidence, has reason to believe that a person has [committed
an]:

(a) Acted
as a contractor without an active license of the proper classification issued
pursuant to this chapter, the Board or its designee, as appropriate, shall
issue or authorize the issuance of a written administrative citation to the
person.

(b) Committed
any other act which constitutes a violation of this chapter or
the regulations of the Board, the Board or its designee, as appropriate, may
issue or authorize the issuance of a written administrative citation to the
person.

2. A
citation issued pursuant to this section may include, without limitation:

(a) An order to take action to correct a condition
resulting from an act that constitutes a violation of this chapter or the
regulations of the Board, at the person’s cost;

(b) An order to pay an administrative fine not to exceed
$50,000, except as otherwise provided in subsection 1 of NRS 624.300; and

(c) An order to reimburse the Board for the amount of
the expenses incurred to investigate the complaint.

[2.] 3. If a written citation issued pursuant to [subsection
1]this section
includes an order to take action to correct a condition resulting
from an act that constitutes a violation of this chapter or the regulations of
the Board, the citation must state the time permitted for compliance, which
must be not less than 15 business days after the date the
person receives the citation, and specifically describe the action required to
be taken.

be not less than 15 business days after the date the person
receives the citation, and specifically describe the action required to be
taken.

[3.] 4. The sanctions authorized by [subsection
1]this
section are separate from, and in addition to, any other remedy,
civil or criminal, authorized by this chapter.

[4.] 5. The failure of an unlicensed person to
comply with a citation or order after it is final is a misdemeanor. If an
unlicensed person does not pay an administrative fine imposed pursuant to this
section within 60 days after the order of the Board becomes final, the order
may be executed upon in the same manner as a judgment issued by a court.

Sec. 2. (Deleted by amendment.)

Sec. 3. NRS 338.010
is hereby amended to read as follows:

338.010 As used in this chapter:

1. “Authorized representative” means a person
designated by a public body to be responsible for the development,
solicitation, award or administration of contracts for public works pursuant to
this chapter.

2. “Contract” means a written contract entered into
between a contractor and a public body for the provision of labor, materials,
equipment or supplies for a public work.

3. “Contractor” means:

(a) A person who is licensed pursuant to the provisions
of chapter 624 of NRS .[or performs such work that the person is not required to be
licensed pursuant to chapter 624 of NRS.]

(b) A design-build team.

4. “Day labor” means all cases where public bodies,
their officers, agents or employees, hire, supervise and pay the wages thereof
directly to a worker or workers employed by them on public works by the day and
not under a contract in writing.

5. “Design-build contract” means a contract between a
public body and a design-build team in which the design-build team agrees to
design and construct a public work.

6. “Design-build team” means an entity that consists
of:

(a) At least one
person who is licensed as a general engineering contractor or a general
building contractor pursuant to chapter 624 of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one person
who holds a certificate of registration to practice architecture pursuant to
chapter 623 of NRS.

(2) Anything other than a building and its site,
at least one person who holds a certificate of registration to practice
architecture pursuant to chapter 623 of NRS or landscape architecture pursuant
to chapter 623A of NRS or who is licensed as a professional engineer pursuant
to chapter 625 of NRS.

7. “Design professional” means:

(a) A person who is licensed as a professional engineer
pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional land
surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of registration to
engage in the practice of architecture, interior design or residential design
pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of registration to
engage in the practice of landscape architecture pursuant to chapter 623A of
NRS; or

(e) A business entity that engages in the practice of
professional engineering, land surveying, architecture or landscape
architecture.

8. “Eligible bidder” means a person who is:

(a) Found to be a responsible and responsive contractor
by a local government or its authorized representative which requests bids for
a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373;
or

(b) Determined by a public body or its authorized
representative which awarded a contract for a public work pursuant to NRS
338.1375 to 338.139, inclusive, to be qualified to bid on that contract
pursuant to NRS 338.1379 or 338.1382.

9. “General contractor” means a person who is licensed
to conduct business in one, or both, of the following branches of the
contracting business:

(a) General engineering contracting, as described in
subsection 2 of NRS 624.215.

(b) General building contracting, as described in
subsection 3 of NRS 624.215.

10. “Governing body” means the board, council,
commission or other body in which the general legislative and fiscal powers of
a local government are vested.

11. “Local
government” means every political subdivision or other entity which has the
right to levy or receive money from ad valorem or other taxes or any mandatory
assessments, and includes, without limitation, counties, cities, towns, boards,
school districts and other districts organized pursuant to chapters 244A, 309,
318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive,
and any agency or department of a county or city which prepares a budget
separate from that of the parent political subdivision. The term includes a
person who has been designated by the governing body of a local government to
serve as its authorized representative.

(9) Public convention facilities which are
financed at least in part with public money; and

(10) All other publicly owned works and property.

(b) A building for the Nevada System of Higher Education
of which 25 percent or more of the costs of the building as a whole are paid
from money appropriated by this State or from federal money.

16. “Specialty contractor” means a person who is
licensed to conduct business as described in subsection 4 of NRS 624.215.

17. “Stand-alone underground utility project” means an
underground utility project that is not integrated into a larger project,
including, without limitation:

(a) An underground sewer line or an underground pipeline
for the conveyance of water, including facilities appurtenant thereto; and

(b) A project for the construction or installation of a
storm drain, including facilities appurtenant thereto,

Ê that is not
located at the site of a public work for the design and construction of which a
public body is authorized to contract with a design-build team pursuant to
subsection 2 of NRS 338.1711.

18. “Subcontract” means a written contract entered into
between:

(a) A contractor and a subcontractor or supplier; or

(b) A subcontractor and another subcontractor or
supplier,

Ê for the
provision of labor, materials, equipment or supplies for a construction
project.

19. “Subcontractor” means a person who:

(a) Is licensed pursuant to the provisions of chapter
624 of NRS or performs such work that the person is not required to be licensed
pursuant to chapter 624 of NRS; and

(b) Contracts with a contractor, another subcontractor
or a supplier to provide labor, materials or services for a construction
project.

20. “Supplier” means a person who provides materials,
equipment or supplies for a construction project.

21. “Wages” means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare, vacation
and holiday pay, the cost of apprenticeship training or other similar programs
or other bona fide fringe benefits which are a benefit to the worker.

22. “Worker” means a skilled mechanic, skilled worker,
semiskilled mechanic, semiskilled worker or unskilled worker in the service of
a contractor or subcontractor under any appointment or contract of hire or
apprenticeship, express or implied, oral or written, whether lawfully or
unlawfully employed. The term does not include a design professional.

AN ACT relating to
employment practices; prohibiting discriminatory employment practices based
upon the gender identity or expression of a person; authorizing the Nevada
Equal Rights Commission to investigate certain acts of prejudice against a
person with regard to employment based on gender identity or expression and
sexual orientation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes that it is the policy of this
State to foster the right of all persons to reasonably seek, obtain and hold
employment without discrimination, distinction or restriction because of race,
religious creed, color, age, sex, disability, national origin or ancestry. (NRS
233.010) Consistent with that policy, existing law protects against such
discrimination with respect to apprenticeships. (NRS 610.010, 610.020, 610.150,
610.185) In addition, existing law prohibits certain employers, employment
agencies, labor organizations, joint labor-management committees or contractors
from engaging in certain discriminatory employment practices. For example, it
is an unlawful employment practice to fail to hire or to fire or otherwise
discriminate against a person, or to limit or segregate or classify an employee
on the basis of race, color, religion, sex, sexual orientation, age, disability
or national origin, except in certain circumstances. (NRS 338.125, 613.330,
613.340, 613.350, 613.380) Sections 2-4, 7-13, 16 and 17 of this bill
add “gender identity or expression” to the list of categories upon which
discrimination is prohibited, and sections 1, 5 and 14 of this bill
define “gender identity or expression” to mean the gender-related identity,
appearance, expression or behavior of a person, regardless of the person’s
assigned sex at birth.

Existing law authorizes the Nevada Equal Rights Commission
to investigate tensions, practices of discrimination and acts of prejudice
against any person with regard to employment based on race, color, creed, sex,
age, disability, national origin or ancestry. (NRS 233.150) Section 15
of this bill adds “gender identity or expression” and “sexual orientation” to
the list of categories upon which the Commission may investigate such
allegations of discrimination.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
610.010 is hereby amended to read as follows:

610.010 As used in this chapter, unless the context
otherwise requires:

1. “Agreement” means a written and signed agreement of
indenture as an apprentice.

2. “Apprentice” means a person who is covered by a
written agreement, issued pursuant to a program with an employer, or with an
association of employers or an organization of employees acting as agent for an
employer.

(a) A physical or mental impairment that substantially
limits one or more of the major life activities of the person;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

4. “Gender
identity or expression” means a gender-related identity, appearance, expression
or behavior of a person, regardless of the person’s assigned sex at birth.

5. “Program”
means a program of training and instruction as an apprentice in an occupation
in which a person may be apprenticed.

[5.]6. “Sexual orientation” means having or being
perceived as having an orientation for heterosexuality, homosexuality or
bisexuality.

Sec. 2. NRS 610.020
is hereby amended to read as follows:

610.020 The purposes of this chapter are:

1. To open to people, without regard to race, color,
creed, sex, sexual orientation, gender
identity or expression, religion, disability or national origin,
the opportunity to obtain training that will equip them for profitable
employment and citizenship.

2. To establish, as a means to this end, an organized
program for the voluntary training of persons under approved standards for
apprenticeship, providing facilities for their training and guidance in the
arts and crafts of industry and trade, with instruction in related and
supplementary education.

3. To promote opportunities for employment for all
persons, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion,
disability or national origin, under conditions providing adequate training and
reasonable earnings.

4. To regulate the supply of skilled workers in
relation to the demand for skilled workers.

5. To establish standards for the training of
apprentices in approved programs.

6. To establish a State Apprenticeship Council with the
authority to carry out the purposes of this chapter and provide for local joint
apprenticeship committees to assist in carrying out the purposes of this
chapter.

7. To provide for a State Director of Apprenticeship.

8. To provide for reports to the Legislature and to the
public regarding the status of the training of apprentices in the State.

1. The names and signatures of the contracting parties
and the signature of a parent or legal guardian if the apprentice is a minor.

2. The date of birth of the apprentice.

3. The name and address of the sponsor of the program.

4. A statement of the trade or craft in which the
apprentice is to be trained, and the beginning date and expected duration of
the apprenticeship.

5. A statement showing the number of hours to be spent
by the apprentice in work and the number of hours to be spent in related and
supplemental instruction, which instruction must not be less than 144 hours per
year.

6. A statement setting forth a schedule of the
processes in the trade or division of industry in which the apprentice is to be
trained and the approximate time to be spent at each process.

7. A statement of the graduated scale of wages to be
paid the apprentice and whether or not compensation is to be paid for the
required time in school.

8. Statements providing:

(a) For a specific period of probation during which the
agreement may be terminated by either party to the agreement upon written
notice to the State Apprenticeship Council; and

(b) That after the probationary period the agreement may
be cancelled at the request of the apprentice, or suspended, cancelled or
terminated by the sponsor for good cause, with due notice to the apprentice and
a reasonable opportunity for corrective action, and with written notice to the
apprentice and the State Apprenticeship Council of the final action taken.

9. A reference incorporating as part of the agreement
the standards of the program as it exists on the date of the agreement and as
it may be amended during the period of the agreement.

10. A statement that the apprentice will be accorded
equal opportunity in all phases of employment and training as an apprentice
without discrimination because of race, color, creed, sex, sexual orientation, gender identity or expression, religion
or disability.

11. A statement naming the State Apprenticeship Council
as the authority designated pursuant to NRS 610.180 to receive, process and
dispose of controversies or differences arising out of the agreement when the
controversies or differences cannot be adjusted locally or resolved in
accordance with the program or collective bargaining agreements.

12. Such additional terms and conditions as are
prescribed or approved by the State Apprenticeship Council not inconsistent
with the provisions of this chapter.

Sec. 4. NRS 610.185
is hereby amended to read as follows:

610.185 The State Apprenticeship Council shall suspend
for 1 year the right of any employer, association of employers or organization
of employees acting as agent for an employer to participate in a program under
the provisions of this chapter if the Nevada Equal Rights Commission, after
notice and hearing, finds that the employer, association or organization has
discriminated against an apprentice because of race, color, creed, sex, sexual
orientation, gender identity or
expression, religion, disability or national origin in violation
of this chapter.

Sec. 5. NRS 613.310
is hereby amended to read as follows:

613.310 As used in NRS 613.310 to 613.435, inclusive,
unless the context otherwise requires:

1. “Disability” means, with respect to a person:

(a) A physical or mental impairment that substantially
limits one or more of the major life activities of the person, including,
without limitation, the human immunodeficiency virus;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

2. “Employer” means any person who has 15 or more
employees for each working day in each of 20 or more calendar weeks in the
current or preceding calendar year, but does not include:

3. “Employment agency” means any person regularly
undertaking with or without compensation to procure employees for an employer
or to procure for employees opportunities to work for an employer, but does not
include any agency of the United States.

4. “Gender
identity or expression” means a gender-related identity, appearance, expression
or behavior of a person, regardless of the person’s assigned sex at birth.

5. “Labor
organization” means any organization of any kind, or any agency or employee
representation committee or plan, in which employees participate and which
exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours of employment
or other conditions of employment.

[5.]6. “Person” includes the State of Nevada and
any of its political subdivisions.

[6.]7. “Sexual orientation” means having or being
perceived as having an orientation for heterosexuality, homosexuality or
bisexuality.

Sec. 6. NRS 613.320
is hereby amended to read as follows:

613.320 1. The provisions of NRS 613.310 to 613.435,
inclusive, do not apply to:

(a) Any employer with respect to employment outside this
state.

(b) Any religious corporation, association or society
with respect to the employment of individuals of a particular religion to
perform work connected with the carrying on of its religious activities.

2. The provisions of NRS 613.310 to 613.435, inclusive,
concerning unlawful employment practices related to sexual orientation and gender identity or expression do
not apply to an organization that is exempt from taxation pursuant to 26 U.S.C.
§ 501(c)(3).

Sec. 7. NRS 613.330
is hereby amended to read as follows:

613.330 1. Except as otherwise provided in NRS
613.350, it is an unlawful employment practice for an employer:

(a) To fail or refuse to hire or to discharge any
person, or otherwise to discriminate against any person with respect to the
person’s compensation, terms, conditions or privileges of employment, because
of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age,
disability or national origin; or

(b) To limit, segregate or classify an employee in a way
which would deprive or tend to deprive the employee of employment opportunities
or otherwise adversely affect his or her status as an employee, because of his
or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability
or national origin.

2. It is an unlawful employment practice for an
employment agency to:

(a) Fail or refuse to refer for employment, or otherwise
to discriminate against, any person because of the race, color, religion, sex,
sexual orientation, gender
identity or expression, age, disability or national origin of
that person; or

(b) Classify or refer for employment any person on the
basis of the race, color, religion, sex, sexual orientation, gender identity or expression, age,
disability or national origin of that person.

3. It is an unlawful employment practice for a labor
organization:

(a) To exclude or to expel from its membership, or
otherwise to discriminate against, any person because of his or her race,
color, religion, sex, sexual orientation, gender identity or expression, age, disability
or national origin;

(b) To limit, segregate or classify its membership, or
to classify or fail or refuse to refer for employment any person, in any way
which would deprive or tend to deprive the person of employment opportunities,
or would limit the person’s employment opportunities or otherwise adversely
affect the person’s status as an employee or as an applicant for employment,
because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age,
disability or national origin; or

(c) To cause or attempt to cause an employer to
discriminate against any person in violation of this section.

4. It is an unlawful employment practice for any
employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining, including, without limitation,
on-the-job training programs, to discriminate against any person because of his
or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability
or national origin in admission to, or employment in, any program established
to provide apprenticeship or other training.

5. It is an unlawful employment practice for any
employer, employment agency, labor organization or joint labor-management
committee to discriminate against a person with a disability by interfering,
directly or indirectly, with the use of an aid or appliance, including, without
limitation, a service animal, by such a person.

6. It is an unlawful employment practice for an
employer, directly or indirectly, to refuse to permit an employee with a
disability to keep the employee’s service animal with him or her at all times
in his or her place of employment.

7. As used in this section, “service animal” has the
meaning ascribed to it in NRS 426.097.

Sec. 8. NRS 613.340
is hereby amended to read as follows:

613.340 1. It is an unlawful employment practice for
an employer to discriminate against any of his or her employees or applicants
for employment, for an employment agency to discriminate against any person, or
for a labor organization to discriminate against any member thereof or
applicant for membership, because the employee, applicant, person or member, as
applicable, has opposed any practice made an unlawful employment practice by
NRS 613.310 to 613.435, inclusive, or because he or she has made a charge,
testified, assisted or participated in any manner in an investigation,
proceeding or hearing under NRS 613.310 to 613.435, inclusive.

2. It is an unlawful employment practice for an
employer, labor organization or employment agency to print or publish or cause
to be printed or published any notice or advertisement relating to employment
by such an employer or membership in or any classification or referral for
employment by such a labor organization, or relating to
any classification or referral for employment by such an employment agency,
indicating any preference, limitation, specification or discrimination, based
on race, color, religion, sex, sexual orientation, gender identity or
expression, age, disability or national origin, except that such a notice or
advertisement may indicate a preference, limitation, specification or
discrimination based on religion, sex, sexual orientation, gender identity or
expression, age, physical, mental or visual condition or national origin when
religion, sex, sexual orientation, gender identity or expression, age,
physical, mental or visual condition or national origin is a bona fide
occupational qualification for employment.

by such a labor organization, or relating to any
classification or referral for employment by such an employment agency,
indicating any preference, limitation, specification or discrimination, based
on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability
or national origin, except that such a notice or advertisement may indicate a
preference, limitation, specification or discrimination based on religion, sex,
sexual orientation, gender
identity or expression, age, physical, mental or visual condition
or national origin when religion, sex, sexual orientation, gender identity or expression, age, physical,
mental or visual condition or national origin is a bona fide occupational
qualification for employment.

Sec. 9. NRS 613.350
is hereby amended to read as follows:

613.350 1. It is not an unlawful employment practice
for an employer to hire and employ employees, for an employment agency to
classify or refer for employment any person, for a labor organization to classify
its membership or to classify or refer for employment any person, or for an
employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining programs to admit or employ any
person in any such program, on the basis of his or her religion, sex, sexual
orientation, gender identity or
expression, age, disability or national origin in those instances
where religion, sex, sexual orientation, gender identity or expression, age, physical,
mental or visual condition or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of that particular
business or enterprise.

2. It is not an unlawful employment practice for an
employer to fail or refuse to hire and employ employees, for an employment
agency to fail to classify or refer any person for employment, for a labor
organization to fail to classify its membership or to fail to classify or refer
any person for employment, or for an employer, labor organization or joint
labor-management committee controlling apprenticeship or other training or
retraining programs to fail to admit or employ any person in any such program,
on the basis of a disability in those instances where physical, mental or
visual condition is a bona fide and relevant occupational qualification
necessary to the normal operation of that particular business or enterprise, if
it is shown that the particular disability would prevent proper performance of
the work for which the person with a disability would otherwise have been
hired, classified, referred or prepared under a training or retraining program.

3. It is not an unlawful employment practice for an
employer to fail or refuse to hire or to discharge a person, for an employment
agency to fail to classify or refer any person for employment, for a labor
organization to fail to classify its membership or to fail to classify or refer
any person for employment, or for an employer, labor organization or joint
labor-committee controlling apprenticeship or other training or retraining
programs to fail to admit or employ any person in any such program, on the
basis of his or her age if the person is less than 40 years of age.

4. It is not an unlawful employment practice for a
school, college, university or other educational institution or institution of
learning to hire and employ employees of a particular religion if the school or
institution is, in whole or in substantial part, owned, supported, controlled
or managed by a particular religion or by a particular
religious corporation, association or society, or if the curriculum of the
school or institution is directed toward the propagation of a particular
religion.

particular religion or by a particular religious corporation,
association or society, or if the curriculum of the school or institution is
directed toward the propagation of a particular religion.

5. It is not an unlawful employment practice for an
employer to observe the terms of any bona fide plan for employees’ benefits,
such as a retirement, pension or insurance plan, which is not a subterfuge to
evade the provisions of NRS 613.310 to 613.435, inclusive, as they relate to
discrimination against a person because of age, except that no such plan
excuses the failure to hire any person who is at least 40 years of age.

6. It is
not an unlawful employment practice for an employer to require employees to
adhere to reasonable workplace appearance, grooming and dress standards so long
as such requirements are not precluded by law, except that an employer shall
allow an employee to appear, groom and dress consistent with the employee’s
gender identity or expression.

Sec. 10. NRS
613.380 is hereby amended to read as follows:

613.380 Notwithstanding any other provision of NRS
613.310 to 613.435, inclusive, it is not an unlawful employment practice for an
employer to apply different standards of compensation, or different terms,
conditions or privileges of employment pursuant to a bona fide seniority or
merit system, or a system which measures earnings by quantity or quality of
production or to employees who work in different locations, if those differences
are not the result of an intention to discriminate because of race, color,
religion, sex, sexual orientation, gender
identity or expression, age, disability or national origin, nor
is it an unlawful employment practice for an employer to give and to act upon
the results of any professionally developed ability test, if the test, its
administration or action upon the results is not designed, intended or used to
discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age,
disability or national origin.

Sec. 11. NRS
613.400 is hereby amended to read as follows:

613.400 Nothing contained in NRS 613.310 to 613.435,
inclusive, requires any employer, employment agency, labor organization or
joint labor-management committee subject to NRS 613.310 to 613.435, inclusive,
to grant preferential treatment to any person or to any group because of the
race, color, religion, sex, sexual orientation, gender identity or expression, age, disability
or national origin of the individual or group on account of an imbalance which
exists with respect to the total number or percentage of persons of any race,
color, religion, sex, sexual orientation, gender identity or expression, age, disability
or national origin employed by any employer, referred or classified for
employment by any employment agency or labor organization, admitted to
membership or classified by any labor organization, or admitted to, or employed
in, any apprenticeship or other training program, in comparison with the total
number or percentage of persons of that race, color, religion, sex, sexual
orientation, gender identity or
expression, age, disability or national origin in any community,
section or other area, or in the available workforce in any community, section
or other area.

613.405 Any person injured by an unlawful employment
practice within the scope of NRS 613.310 to 613.435, inclusive, may file a
complaint to that effect with the Nevada Equal Rights Commission if the
complaint is based on discrimination because of race, color, sex, sexual
orientation, gender identity or
expression, age, disability, religion or national origin.

Sec. 13. NRS
233.010 is hereby amended to read as follows:

233.010 1. It is hereby declared to be the public
policy of the State of Nevada to protect the welfare, prosperity, health and
peace of all the people of the State, and to foster the right of all persons
reasonably to seek, obtain and hold [employment and]
housing accommodations without discrimination, distinction or restriction
because of race, religious creed, color, age, sex, disability, national origin
or ancestry.

2. It is hereby declared to be the public policy of the
State of Nevada to protect the welfare, prosperity, health and peace of all the
people of the State, and to foster the right of all persons reasonably to seek
and be granted services in places of public accommodation without
discrimination, distinction or restriction because of race, religious creed,
color, age, sex, disability, sexual orientation, national origin or ancestry.

3. It is
hereby declared to be the public policy of the State of Nevada to protect the
welfare, prosperity, health and peace of all the people of the State, and to
foster the right of all persons reasonably to seek, obtain and hold employment
without discrimination, distinction or restriction because of race, religious
creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry.

4. It
is recognized that the people of this State should be afforded full and
accurate information concerning actual and alleged practices of discrimination
and acts of prejudice, and that such information may provide the basis for
formulating statutory remedies of equal protection and opportunity for all
citizens in this State.

Sec. 14. NRS
233.020 is hereby amended to read as follows:

233.020 As used in this chapter:

1. “Administrator” means the Administrator of the
Commission.

2. “Commission” means the Nevada Equal Rights
Commission within the Department of Employment, Training and Rehabilitation.

3. “Disability” means, with respect to a person:

(a) A physical or mental impairment that substantially
limits one or more of the major life activities of the person;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

4. “Gender
identity or expression” means a gender-related identity, appearance, expression
or behavior of a person, regardless of the person’s assigned sex at birth.

5. “Member”
means a member of the Nevada Equal Rights Commission.

[5.]6. “Sexual orientation” means having or being
perceived as having an orientation for heterosexuality, homosexuality or
bisexuality.

(a) With regard to public accommodation, investigate
tensions, practices of discrimination and acts of prejudice against any person
or group because of race, color, creed, sex, age, disability, sexual
orientation, national origin or ancestry, and may conduct hearings with regard
thereto.

(b) With regard to [employment and]
housing, investigate tensions, practices of discrimination and acts of
prejudice against any person or group because of race, color, creed, sex, age,
disability, national origin or ancestry, and may conduct hearings with regard
thereto.

(c) With
regard to employment, investigate tensions, practices of discrimination and
acts of prejudice against any person or group because of race, color, creed,
sex, age, disability, sexual orientation, gender identity or expression, national
origin or ancestry, and may conduct hearings with regard thereto.

2. Mediate between or reconcile the persons or groups
involved in those tensions, practices and acts.

3. Issue subpoenas for the attendance of witnesses or
for the production of documents or tangible evidence relevant to any
investigations or hearings conducted by the Commission.

4. Delegate its power to hold hearings and issue
subpoenas to any of its members or any hearing officer in its employ.

5. Adopt reasonable regulations necessary for the
Commission to carry out the functions assigned to it by law.

Sec. 16. NRS
281.370 is hereby amended to read as follows:

281.370 1. All personnel actions taken by state,
county or municipal departments, housing authorities, agencies, boards or
appointing officers thereof must be based solely on merit and fitness.

2. State, county or municipal departments, housing
authorities, agencies, boards or appointing officers thereof shall not refuse
to hire a person, discharge or bar any person from employment or discriminate
against any person in compensation or in other terms or conditions of
employment because of the person’s race, creed, color, national origin, sex,
sexual orientation, gender
identity or expression, age, political affiliation or disability,
except when based upon a bona fide occupational qualification.

3. As used in this section:

(a) “Disability” means, with respect to a person:

(1) A physical or mental impairment that
substantially limits one or

more of the major life activities of the person;

(2) A record of such an impairment; or

(3) Being regarded as having such an impairment.

(b) “Gender
identity or expression” means a gender-related identity, appearance, expression
or behavior of a person, regardless of the person’s assigned sex at birth.

(c) “Sexual
orientation” means having or being perceived as having an orientation for
heterosexuality, homosexuality or bisexuality.

Sec. 17. NRS
338.125 is hereby amended to read as follows:

338.125 1. It is unlawful for any contractor in
connection with the performance of work under a contract with a public body,
when payment of the contract price, or any part of such payment, is to be made
from public money, to refuse to employ or to discharge from employment any
person because of his or her race, color, creed, national
origin, sex, sexual orientation , gender identity or expression, or age, or to
discriminate against a person with respect to hire, tenure, advancement,
compensation or other terms, conditions or privileges of employment because of
his or her race, creed, color, national origin, sex, sexual orientation ,
gender identity or expression, or age.

because of his or her race, color, creed, national origin,
sex, sexual orientation , gender
identity or expression, or age, or to discriminate against a
person with respect to hire, tenure, advancement, compensation or other terms,
conditions or privileges of employment because of his or her race, creed,
color, national origin, sex, sexual orientation , gender identity or expression, or age.

2. Contracts between contractors and public bodies must
contain the following contractual provisions:

In connection with the
performance of work under this contract, the contractor agrees not to
discriminate against any employee or applicant for employment because of race,
creed, color, national origin, sex, sexual orientation , gender identity or expression, or age,
including, without limitation, with regard to employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation, and selection for training,
including, without limitation, apprenticeship.

The contractor further agrees
to insert this provision in all subcontracts hereunder, except subcontracts for
standard commercial supplies or raw materials.

3. Any violation of such provision by a contractor
constitutes a material breach of contract.

4. As used in this section[, “sexual]:

(a) “Gender
identity or expression” means a gender-related identity, appearance, expression
or behavior of a person, regardless of the person’s assigned sex at birth.

(b) “Sexual
orientation” means having or being perceived as having an
orientation for heterosexuality, homosexuality or bisexuality.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 503ê

CHAPTER 113, AB 73

Assembly Bill No. 73–Committee on Government Affairs

CHAPTER 113

[Approved:
May 24, 2011]

AN ACT relating to
water; authorizing the State Engineer or any assistant or authorized a gent
of the State Engineer to enter certain land to investigate and carry out the
duties of the State Engineer; revising provisions relating to the forfeiture of
certain water rights; removing provisions requiring the State Engineer to adopt
regulations establishing a program to allow a public water system to receive a
credit for adding a new customer to the system; and providing other matters
properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, if an owner or proprietor
appropriates underground water through the use of a well, the State Engineer or
any assistant or authorized agent of the State Engineer is authorized to enter
the premises of the owner or proprietor where such a well is situated to
investigate and carry out the duties of the State Engineer in the
administration of the provisions of chapter 534 of NRS governing underground
water and wells. (NRS 534.130) However, existing law does not confer similar
authority upon the State Engineer or any assistant or authorized agent of the
State Engineer to enter the land of an owner or proprietor for the purpose of
carrying out the provisions of chapter 533 of NRS governing vested water rights
and rights to appropriate public water for a beneficial use. Section 1
of this bill specifically confers such authority upon the State Engineer or any
assistant or authorized agent of the State Engineer for the purpose of carrying
out the provisions of chapter 533 of NRS.

Under existing law, the State Engineer is authorized to
inspect at any time the construction of a dam for which he or she has issued a
permit to appropriate, store and use the water to be impounded or diverted by
the dam. (NRS 535.010) Existing law also requires the State Engineer to make
inspections of dams from time to time. (NRS 535.030) In addition to any such
authorized or required inspections, and similarly to the authority conferred in
section 1, section5 of this bill specifically confers authority
upon the State Engineer or any assistant or authorized agent of the State
Engineer to enter the land of any owner or proprietor where any dam or other
obstruction is situated to investigate and carry out the duties of the State
Engineer pursuant to chapter 535 of NRS.

Existing law provides for the forfeiture of a right to
use beneficially all or any part of underground water for the purpose for which
the underground water is acquired or claimed. Existing law also authorizes the
State Engineer to extend the amount of time required to work the forfeiture.
(NRS 534.090) Section 3 of this bill clarifies that groundwater rights
for which a certificate of beneficial use has been issued, instead of
groundwater rights held under a permit, are subject to the forfeiture
procedure. Permitted rights are lost through the process of cancellation. (NRS
533.395) In addition, section 3 requires the State Engineer to declare a
water right forfeited for nonuse if the State Engineer grants an extension of
time to the owner of the water right and, before the expiration of that
extension of time, proof of resumption of beneficial use or another request for
an extension of time is not filed in the Office of the State Engineer.

Existing law requires the State Engineer to adopt
regulations establishing a program that allows a public water system to receive
a credit for adding a new customer to the public water system in any area that
the State Engineer has designated as a groundwater basin and in which the State
Engineer has denied one or more applications for a municipal use of
groundwater. Before adopting those regulations, existing law requires the State
Engineer to hold a public hearing within the basin to which the regulations
will apply or within the county in which a major portion of the groundwater
basin lies. (NRS 534.350) Section 4 of this bill deletes the requirement
for the State Engineer to adopt those regulations and to hold a public hearing
before adopting the regulations.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1.
Chapter 533 of NRS is hereby amended by adding thereto a new
section to read as follows:

The State Engineer or any assistant or authorized agent of
the State Engineer may enter the land of any owner or proprietor where any
water is being diverted or used pursuant to this chapter at any reasonable hour
of the day to investigate and carry out the duties of the State Engineer
pursuant to this chapter.

Sec. 2. (Deleted by amendment.)

Sec. 3. NRS
534.090 is hereby amended to read as follows:

534.090 1. Except as
otherwise provided in this section, failure for 5 successive years after April
15, 1967, on the part of the holder of any right, whether it is an adjudicated
right, an unadjudicated right or a [permitted]
right[,]for which a certificate has been
issued pursuant to NRS 533.425, and further whether the right is
initiated after or before March 25, 1939, to use beneficially all or any part
of the underground water for the purpose for which the right is acquired or
claimed, works a forfeiture of both undetermined rights and determined rights
to the use of that water to the extent of the nonuse. If the records of the
State Engineer or any other documents specified by the State Engineer indicate
at least 4 consecutive years, but less than 5 consecutive years, of nonuse of
all or any part of a water right which is governed by this chapter, the State
Engineer shall notify the owner of the water right, as determined in the
records of the Office of the State Engineer, by registered or certified mail
that the owner has 1 year after the date of the notice in which to use the
water right beneficially and to provide proof of such use to the State Engineer
or apply for relief pursuant to subsection 2 to avoid forfeiting the water
right. If, after 1 year after the date of the notice, proof of resumption of beneficial
use is not [sent to]filed in the Office of the State Engineer, the State
Engineer shall, unless the State Engineer has granted a request to extend the
time necessary to work a forfeiture of the water right, declare the right
forfeited within 30 days. Upon the forfeiture of a right to the use of
groundwater, the water reverts to the public and is available for further
appropriation, subject to existing rights. If, upon notice by registered or
certified mail to the owner of record whose right has been declared forfeited,
the owner of record fails to appeal the ruling in the manner provided for in
NRS 533.450, and within the time provided for therein, the forfeiture becomes
final. The failure to receive a notice pursuant to this subsection does not
nullify the forfeiture or extend the time necessary to work the forfeiture of a
water right.

2. The State Engineer may, upon the request of the
holder of any right described in subsection 1, extend the time necessary to
work a forfeiture under that subsection if the request is made before the
expiration of the time necessary to work a forfeiture. The State Engineer may
grant, upon request and for good cause shown, any number of extensions, but a
single extension must not exceed 1 year. In determining whether to grant or
deny a request, the State Engineer shall, among other reasons, consider:

(a) Whether the holder has shown good cause for the
holder’s failure to use all or any part of the water beneficially for the
purpose for which the holder’s right is acquired or claimed;

(b) The unavailability of water to put to a beneficial
use which is beyond the control of the holder;

(c) Any economic conditions or natural disasters which
made the holder unable to put the water to that use;

(d) Any prolonged period in which precipitation in the
basin where the water right is located is below the average for that basin or
in which indexes that measure soil moisture show that a deficit in soil
moisture has occurred in that basin; and

(e) Whether the holder has demonstrated efficient ways
of using the water for agricultural purposes, such as center-pivot irrigation.

Ê The State
Engineer shall notify, by registered or certified mail, the owner of the water
right, as determined in the records of the Office of the State Engineer, of
whether the State Engineer has granted or denied the holder’s request for an
extension pursuant to this subsection. If the State Engineer grants an extension pursuant to this
subsection and, before the expiration of that extension, proof of resumption of
beneficial use or another request for an extension is not filed in the Office
of the State Engineer, the State Engineer shall declare the water right
forfeited within 30 days after the expiration of the extension granted pursuant
to this subsection.

3. If the failure to use the water pursuant to
subsection 1 is because of the use of center-pivot irrigation before July 1,
1983, and such use could result in a forfeiture of a portion of a right, the
State Engineer shall, by registered or certified mail, send to the owner of
record a notice of intent to declare a forfeiture. The notice must provide that
the owner has at least 1 year after the date of the notice to use the water
beneficially or apply for additional relief pursuant to subsection 2 before
forfeiture of the owner’s right is declared by the State Engineer.

4. A right to use underground water whether it is
vested or otherwise may be lost by abandonment. If the State Engineer, in
investigating a groundwater source, upon which there has been a prior right,
for the purpose of acting upon an application to appropriate water from the
same source, is of the belief from his or her examination that an abandonment
has taken place, the State Engineer shall so state in the ruling approving the
application. If, upon notice by registered or certified mail to the owner of
record who had the prior right, the owner of record of the prior right fails to
appeal the ruling in the manner provided for in NRS 533.450, and within the
time provided for therein, the alleged abandonment declaration as set forth by
the State Engineer becomes final.

Sec. 4. NRS 534.350
is hereby amended to read as follows:

534.350 1. [The State Engineer shall
adopt regulations establishing a program that allows a]A public water system [to]may receive credits,
as provided in this section, for the addition of new
customers to the system.

provided in this section, for the addition of new customers
to the system. The [program]grantingof a credit pursuant to this section must be
limited to public water systems in areas:

(a) Designated as groundwater basins by the State
Engineer pursuant to the provisions of NRS 534.030; and

(b) [In which the State Engineer has denied one or more
applications for any municipal uses of groundwater.] For which the State Engineer has issued
an order for granting a credit pursuant to this section.

2. [Beforethe State Engineeradopts any regulationspursuant
to this sectionregarding any particular groundwater basin, the State
Engineer shall hold a public hearing:

(a) Within
the basin to which the regulations will apply if adequate facilities to hold a
hearing are available within that basin; or

(b) In all
other cases, within the county where the major portion of that basin lies,

Ê to take
testimony from any interested persons regarding the proposed regulations.

3. Upon
adoption of the regulations required by this section regarding a particular
groundwater basin, a]A public water system which provides service
in [that]a groundwater basin is entitled to receive a
credit for each customer who is added to the system [after the adoption of
those regulations] and:

(a) Voluntarily ceases to draw water from a domestic
well located within that basin; or

(b) Is the owner of a lot or other parcel of land, other
than land used or intended solely for use as a location for a domestic well,
which:

(1) Is located within that basin;

(2) Was established as a separate lot or parcel
before July 1, 1993;

(3) Was approved by a local governing body or
planning commission for service by an individual domestic well before July 1,
1993; and

(4) Is subject to a written agreement which was
voluntarily entered into by the owner with the public water system pursuant to
which the owner agrees not to drill a domestic well on the land and the public
water system agrees that it will provide water service to the land. Any such
agreement must be acknowledged and recorded in the same manner as conveyances
affecting real property are required to be acknowledged and recorded pursuant
to chapter 111 of NRS.

[4.]3. If a county requires, by ordinance, the
dedication to the county of a right to appropriate water from a domestic well
which is located on a lot or other parcel of land that was established as a
separate lot or parcel on or after July 1, 1993, the county may, by
relinquishment to the State Engineer, allow the right to appropriate water to
revert to the source of the water. The State Engineer shall not accept a
relinquishment of a right to appropriate water pursuant to this subsection
unless the right is in good standing as determined by the State Engineer. A
right to appropriate water that is dedicated and relinquished pursuant to this
subsection:

(a) Remains appurtenant only to the parcel of land in
which it is located as specified on the parcel map; and

(b) Maintains its date of priority established pursuant
to NRS 534.080.

[5.]4. If an owner of a parcel of land specified
in subsection [4]3 becomes a new customer of a public water
system for that parcel of land, the public water system
is entitled to receive a credit in the same manner as the addition of any other
customer to the public water system pursuant to this section.

public water system is entitled to receive a credit in the
same manner as the addition of any other customer to the public water system
pursuant to this section.

[6.]5. The State Engineer may require a new
customer, who voluntarily ceases to draw water from a domestic well as provided
in paragraph (a) of subsection [3]2 or whose right to appropriate water is
dedicated pursuant to subsection [4,]3, to plug that well.

[7.]6. A credit granted pursuant to this section:

(a) Must be sufficient to enable the public water system
to add one service connection for a single-family dwelling to the system,
except that the credit may not exceed the increase in water consumption
attributable to the additional service connection or 2 acre-feet per year,
whichever is less.

(b) May not be converted to an appropriative water right.

[8.]7. This section does not:

(a) Require a public water system to extend its service
area.

(b) Authorize any increase in the total amount of
groundwater pumped in a groundwater basin.

(c) Affect any rights of an owner of a domestic well who
does not voluntarily comply with the provisions of this section.

[9.]8. As used in this section:

(a) “Domestic well” means a well used for culinary and
household purposes in:

(1) A single-family dwelling; and

(2) An accessory dwelling unit for a single-family
dwelling if provided for in an applicable local ordinance,

Ê including
the watering of a garden, lawn and domestic animals and where the draught does
not exceed 2 acre-feet per year.

(b) “Public water system” has the meaning ascribed to it
in NRS 445A.840.

Sec. 5. Chapter
535 of NRS is hereby amended by adding thereto a new section to read as
follows:

In addition to
any inspection conducted pursuant to NRS 535.010 or 535.030, the State Engineer
or any assistant or authorized agent of the State Engineer may enter the land
of any owner or proprietor where any dam or other obstruction is situated at
any reasonable hour of the day to investigate and carry out the duties of the
State Engineer pursuant to this chapter.

Sec. 6. The Legislature hereby declares that:

1. It has examined the past and present practice of the
State Engineer with respect to the forfeiture of water rights on and after
March 15, 1947, and finds that the State Engineer has applied the provisions of
Nevada law relating to the forfeiture of water rights in a manner consistent
with the provisions of subsection 1 of NRS 534.090, as amended by section 3 of
this act.

2. The amendatory provisions of subsection 1 of section 3 of
this act are intended to clarify rather than change the existing application of
NRS 534.090 relating to the forfeiture of water rights and to promote thereby
stability and consistency in the administration of chapters 533 and 534 of NRS.

Sec. 7. This act becomes effective upon
passage and approval.

________

…………………………………………………………………………………………………………………

ê2011
Statutes of Nevada, Page 508ê

CHAPTER 114, SB 35

Senate Bill No. 35–Committee on Education

CHAPTER 114

[Approved:
May 24, 2011]

AN ACT relating to
education; removing the requirement that certain information concerning
paraprofessionals be maintained in the automated system of accountability
information for Nevada; revising the manner in which the results of pupils on
certain examinations are reported by charter schools to the Department of
Education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, the Department of Education is
required to establish and maintain an automated system of accountability
information for Nevada that must, in part, have the capacity to identify which
teachers and paraprofessionals are assigned to individual pupils. (NRS 386.650)
Section 1 of this bill removes the requirement that the automated system
of accountability information have the capacity to identify which paraprofessionals
are assigned to provide services to individual pupils and also removes the
requirement that the information on pupil achievement maintained in the system
be used to evaluate paraprofessionals.

Under existing law, the board of trustees of each school
district and the governing body of each charter school are required to
administer certain examinations to determine the achievement and proficiency of
pupils and to report the results of those examinations to the Department. (NRS
389.015, 389.017, 389.550, 389.560) Sections 2 and 3 of this bill revise
the manner in which the results of pupils on those examinations are reported by
requiring the governing body of each charter school to submit the results and
other required information through the sponsor of the charter school.

EXPLANATION – Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS 386.650 is hereby amended to read as
follows:

386.650 1. The Department shall establish and maintain
an automated system of accountability information for Nevada. The system must:

(a) Have the capacity to provide and report information,
including, without limitation, the results of the achievement of pupils:

(1) In the manner required by 20 U.S.C. §§ 6301 et
seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and
385.347; and

(2) In a separate reporting for each group of
pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

(b) Include a system of unique identification for each
pupil:

(1) To ensure that individual pupils may be
tracked over time throughout this State; and

(2) That, to the extent practicable, may be used
for purposes of identifying a pupil for both the public schools and the Nevada
System of Higher Education, if that pupil enrolls in the System after
graduation from high school;

(c) Have the capacity to provide longitudinal
comparisons of the academic achievement, rate of attendance and rate of
graduation of pupils over time throughout this State;

(d) Have the capacity to perform a variety of
longitudinal analyses of the results of individual pupils on assessments,
including, without limitation, the results of pupils by classroom and by
school;

(e) Have the capacity to identify which teachers are
assigned to individual pupils ;[and which paraprofessionals, if any, are assigned to provide
services to individual pupils;]

(f) Have the capacity to provide other information
concerning schools and school districts that is not linked to individual
pupils, including, without limitation, the designation of schools and school
districts pursuant to NRS 385.3623 and 385.377, respectively, and an
identification of which schools, if any, are persistently dangerous;

(g) Have the capacity to access financial accountability
information for each public school, including, without limitation, each charter
school, for each school district and for this State as a whole; and

(h) Be designed to improve the ability of the
Department, school districts and the public schools in this State, including,
without limitation, charter schools, to account for the pupils who are enrolled
in the public schools, including, without limitation, charter schools.

Ê The
information maintained pursuant to paragraphs (c), (d) and (e) must be used for
the purpose of improving the achievement of pupils and improving classroom
instruction. The information must be considered, but must not be used as the
sole criterion, in evaluating the performance of or taking disciplinary action
against an individual teacher[,
paraprofessional] or other employee.

2. The board of trustees of each school district shall:

(a) Adopt and maintain the program prescribed by the
Superintendent of Public Instruction pursuant to subsection 3 for the
collection, maintenance and transfer of data from the records of individual
pupils to the automated system of information, including, without limitation,
the development of plans for the educational technology which is necessary to
adopt and maintain the program;

(b) Provide to the Department electronic data concerning
pupils as required by the Superintendent of Public Instruction pursuant to
subsection 3; and

(c) Ensure that an electronic record is maintained in
accordance with subsection 3 of NRS 386.655.

3. The Superintendent of Public Instruction shall:

(a) Prescribe a uniform program throughout this State
for the collection, maintenance and transfer of data that each school district
must adopt, which must include standardized software;

(b) Prescribe the data to be collected and reported to
the Department by each school district and each sponsor of a charter school
pursuant to subsection 2 and by each university school for profoundly gifted
pupils;

(c) Prescribe the format for the data;

(d) Prescribe the date by which each school district
shall report the data to the Department;

(e) Prescribe the date by which each charter school
shall report the data to the sponsor of the charter school;

(f) Prescribe the date by which each university school
for profoundly gifted pupils shall report the data to the Department;

(g) Prescribe standardized codes for all data elements
used within the automated system and all exchanges of data within the automated
system, including, without limitation, data concerning:

(1) Individual pupils;

(2) Individual teachers ;[and paraprofessionals;]

(3) Individual schools and school districts; and

(4) Programs and financial information;

(h) Provide technical assistance to each school district
to ensure that the data from each public school in the school district,
including, without limitation, each charter school and university school for
profoundly gifted pupils located within the school district, is compatible with
the automated system of information and comparable to the data reported by
other school districts; and

(i) Provide for the analysis and reporting of the data
in the automated system of information.

4. The Department shall establish, to the extent
authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
§ 1232g, and any regulations adopted pursuant thereto, a mechanism by which
persons or entities, including, without limitation, state officers who are
members of the Executive or Legislative Branch, administrators of public
schools and school districts, teachers and other educational personnel, and
parents and guardians, will have different types of access to the
accountability information contained within the automated system to the extent
that such information is necessary for the performance of a duty or to the
extent that such information may be made available to the general public
without posing a threat to the confidentiality of an individual pupil.

5. The Department may, to the extent authorized by the
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any
regulations adopted pursuant thereto, enter into an agreement with the Nevada
System of Higher Education to provide access to data contained within the
automated system for research purposes.

Sec. 2. NRS 389.017
is hereby amended to read as follows:

389.017 1. The State Board shall adopt regulations [requiring]
that [each]require the board of trustees of [a]each school district
and [each]the governing body of [a]each charter school , through the sponsor of the charter
school, to submit to the Superintendent of Public Instruction and
the Department, in the form and manner prescribed by the Superintendent, the
results of achievement and proficiency examinations administered pursuant to
NRS 389.015 to public school pupils of the district and charter schools. The
State Board shall not include in the regulations any provision which would
violate the confidentiality of the test scores of any individual pupil.

2. The results of examinations must be reported for
each school, including, without limitation, each charter school, school
district and this State, as follows:

(a) The average score, as defined by the Department, of
pupils who took the examinations under regular testing conditions; and

(b) The average score, as defined by the Department, of
pupils who took the examinations with modifications or accommodations, if such
reporting does not violate the confidentiality of the test scores of any
individual pupil.

3. Not later than 10 days after the Department receives
the results of the achievement and proficiency examinations, the Department
shall transmit a copy of the results of the examinations administered pursuant
to NRS 389.015 to the Legislative Bureau of Educational Accountability and
Program Evaluation in a manner that does not violate the confidentiality of the
test scores of any individual pupil.

4. On or before July 1 of each year, the board of trustees of each
school district and the governing
body of each charter school , through the sponsor of the charter school, shall
report to the Department the following information for each examination
administered in the public schools in the school district or charter school:

(a) The examination administered;

(b) The grade level or levels of pupils to whom the
examination was administered;

(c) The costs incurred by the school district or charter
school in administering each examination; and

(d) The purpose, if any, for which the results of the
examination are used by the school district or charter school.

Ê On or before
September 1 of each year, the Department shall transmit to the Budget Division
of the Department of Administration and the Fiscal Analysis Division of the
Legislative Counsel Bureau the information submitted to the Department pursuant
to this subsection.

5. The superintendent of schools of each school
district and the governing body of each charter school , through the sponsor of the charter school,
shall certify that the number of pupils who took the examinations required
pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in
each school in the school district or in the charter school who are required to
take the examinations.

6. In addition to the information required by
subsection 4, the Superintendent of Public Instruction shall:

(a) Report the number of pupils who were absent from
school on the day that the examinations were administered; and

(b) Reconcile the number of pupils who were required to
take the examinations with the number of pupils who were absent from school on
the day that the examinations were administered.

Sec. 3. NRS 389.560
is hereby amended to read as follows:

389.560 1. The State Board shall adopt regulations
that require the board of trustees of each school district and the governing
body of each charter school ,
through the sponsor of the charter school, to submit to the
Superintendent of Public Instruction, the Department and the Council, in the
form and manner prescribed by the Superintendent, the results of the
examinations administered pursuant to NRS 389.550. The State Board shall not
include in the regulations any provision that would violate the confidentiality
of the test scores of an individual pupil.

2. The results of the examinations must be reported for
each school, including, without limitation, each charter school, school
district and this State, as follows:

(a) The percentage of pupils who have demonstrated
proficiency, as defined by the Department, and took the examinations under
regular testing conditions; and

(b) The percentage of pupils who have demonstrated
proficiency, as defined by the Department, and took the examinations with modifications
or accommodations, if such reporting does not violate the confidentiality of
the test scores of any individual pupil.

3. Not later than 10 days after the Department receives
the results of the examinations, the Department shall transmit a copy of the
results to the Legislative Bureau of Educational Accountability and Program
Evaluation in a manner that does not violate the confidentiality of the test
scores of any individual pupil.

4. On or before July 1 of each year, the board of trustees of each
school district and the governing
body of each charter school , through the sponsor of the charter school, shall
report to the Department the following information for each examination
administered in the public schools in the school district or charter school:

(a) The examination administered;

(b) The grade level or levels of pupils to whom the
examination was administered;

(c) The costs incurred by the school district or charter
school in administering each examination; and

(d) The purpose, if any, for which the results of the
examination are used by the school district or charter school.

Ê On or before
September 1 of each year, the Department shall transmit to the Budget Division
of the Department of Administration and the Fiscal Analysis Division of the
Legislative Counsel Bureau the information submitted to the Department pursuant
to this subsection.

5. The superintendent of schools of each school
district and the governing body of each charter school , through the sponsor of the charter school, shall
certify that the number of pupils who took the examinations is equal to the
number of pupils who are enrolled in each school in the school district or in
the charter school who are required to take the examinations.

6. In addition to the information required by
subsection 4, the Superintendent of Public Instruction shall:

(a) Report the number of pupils who were not exempt from
taking the examinations but were absent from school on the day that the
examinations were administered; and

(b) Reconcile the number of pupils who were required to
take the examinations with the number of pupils who were exempt from taking the
examinations or absent from school on the day that the examinations were
administered.